Omar Hassan Ahmad al-Bashir

On 4 March 2009, Omar Hassan Ahmad al-Bashir became the first sitting head of state to be indicted by the International Criminal Court (ICC) when Pre-Trial Chamber I issued a warrant for the arrest of the Sudanese President.

The decision to issue the warrant of arrest follows an Application made by the Prosecutor of the ICC, Luis Moreno-Ocampo on 14 July 2008. In its decision of 4 March 2009, the Pre-Trial Chamber indicted al-Bashir as an indirect (co-) perpetrator for five counts of crimes against humanity (murder, extermination, forcible transfer, torture, rape) and two counts of war crimes (direct attacks on civilians and pillaging). Although the majority of the Chamber found that the Prosecutor had failed to provide reasonable grounds to prove the specific intent required for Genocide, they found sufficient evidence to believe that al-Bashir coordinated a five-year counter-insurgency campaign, a “core component” of which was the unlawful and intentional direct attack of the Fur, Masalit and Zaghawa civilian population.

On 12 July 2010 Pre-Trial Chamber I of the International Criminal Court (ICC) issued a second warrant of arrest against Al- Bashir, considering that there are reasonable grounds to believe he is responsible for three counts of genocide committed against the Fur, Masalit and Zaghawa ethnic groups, that include: genocide by killing, genocide by causing serious bodily or mental harm and genocide by deliberately inflicting on each target group conditions of life calculated to bring about the group’s physical destruction.
 
This second arrest warrant does not replace or revoke in any respect the first warrant of arrest issued against Al-Bashir on 4 March 2009, which remains in effect.

The situation in Darfur was originally referred to the Prosecutor by the United Nations Security Council on 31 March 2005, in Resolution 1593. Two other warrants of arrest in connection with the Darfur conflict were issued on 27 April 2007 for current Sudanese Minister, Ahmad Muhammad Harun and former Janjaweed militia leader, Ali Muhammad Al Abd-Al-Rahman (“Ali Kushayb”).

On 1 December, 2010, Pre-Trial Chamber I of the International Criminal Court (ICC) requested the Central African Republic to take all necessary measures to arrest Omar Al Bashir and transfer him to the Court, in the event and at the moment that he arrives in the country’s territory.

On 8 December 2010 the Office of the Prosecutor submitted a notification to the Chamber informing of a possible travel of President Al-Bashir to the Republic of Senegal and to the Republic of Zambia. A similar notification was submitted to the Republic of Chad on 10 January 2011.

The situation in Darfur, Sudan

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Press Release: 01.12.2010

عربي


Pre-Trial Chamber I requests the cooperation of the Central African Republic to execute the warrants of arrest of Omar Al Bashir

ICC-CPI-20101201-PR605


Case: The Prosecutor v. Omar Hassan Ahmad Al Bashir
Situation: Darfur, Sudan

On 1 December, 2010, Pre-Trial Chamber I of the International Criminal Court (ICC) requested the Central African Republic to take all necessary measures to arrest Omar Al Bashir and transfer him to the Court, in the event and at the moment that he arrives in the country’s territory.

Reacting to information of a possible visit of the suspect to the Central African Republic today, the Chamber noted that, as a State Party to the Rome Statute since the 3 October, 2001, the Central African Republic has the obligation to execute the warrants of arrest of Mr Al Bashir and requested the Central African Republic to inform the Chamber immediately about any problem which would impede or prevent the arrest and surrender of Mr Al Bashir in the event that he visits the country.

On 4 March, 2009, Pre-Trial Chamber I issued a first warrant of arrest against Mr Al Bashir, considering that there are reasonable grounds to believe that the suspect is criminally responsible for five counts of crimes against humanity and two counts of war crimes. A second warrant of arrest was issued against Mr Al Bashir on 12 July, 2010, for three counts of genocide.

On 27 August, Pre-Trial Chamber I had issued two decisions informing the United Nations Security Council and the Assembly of States Parties to the Rome Statute about Mr Al Bashir’s visits to the Republic of Kenya and the Republic of Chad, “in order for them to take any measure they may deem appropriate”. Pre-Trial Chamber I had also requested observations from the Republic of Kenya on the enforcement of warrants of arrest against Mr Al Bashir on 25 October, 2010, in the event he visits the country.

Demande de coopération et d'informations adressée à la République Centrafricaine

For further information, please contact Fadi El Abdallah, Associate Legal Outreach Officer, on +31 (0)70 515-9152 or at fadi.el-abdallah@icc-cpi.int

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