In two arrest warrants issued on March 6, 2009 and July 21, 2010, the International Criminal Court (ICC) in The Hague transmitted requests for al-Bashir’s arrest or surrender.
Between law and UN protocol
According to credible reports, President of Sudan al-Bashir has already applied for a visa to attend the 68th session of the General Assembly that begins next Tuesday.
In keeping with a long serving and globally accepted international diplomatic protocol, the United States is obliged to issue a visa to a visiting head of government or a visiting delegation. The US - UN headquarters agreement calls for the facilitation of delegates' participation in the work of UN General Assembly or any other UN meetings in New York.
The 1947 UN Headquarters Agreement requires the United States government to cooperate for the attendance of representatives from all governments at official UN gatherings.
An official UN list of speakers available to AA shows Sudan will be represented at the foreign minister level.
President al-Bashir is not on the official list released by the United Nations, but in accordance with established practice the list of speakers could be changed up to the very last moment if there is a legitimate request to reflect any changes.
UN says it is up to the United States
Associate Spokesperson for the United Nations, Farhan Haq, told AA it is the matter that is already being discussed bilaterally by the governments of United States and Sudan.
“The question of granting President Bashir visa to the US is first and foremost a matter for the US to determine as it is consistent with the applicable rules of international law,” Haq told AA.
“At the same time,” he added “the President Bashir is subject to an arrest warrant issued by ICC,” Haq said.
“The Secretary General Ban Ki-moon will therefore urge President Bashir to fully cooperate with the International Criminal Court consistent with the Security Council resolution 1593, by surrendering himself to the ICC,” the UN associate spokesperson told AA.
In response to a 2005 report of the UN Commission of inquiry on Darfur, The UN Security Council adopted resolution 1593 requesting the ICC prosecutor to investigate and prosecute those responsible for the crimes committed in Darfur.
Outstanding warrants
Talking about the possibility that al-Bashir could in fact get a US visa to attend the 68th session of UNGA, president of the assembly of state parties to the ICC, consisting of 112 states, Ambassador Tiina Intelmann reminded “two warrants of arrest by the International Criminal Court are outstanding against Mr. Omar al-Bashir.”
“In this context, I would like to remind States Parties on whose territory the indictee might appear while in transit of their obligation to arrest and surrender Mr.Omar al-Bashir to the ICC,” Intelmann said in the written statement obtained by AA.
Possible protests in New York
At the same time, the Coalition for the International Criminal Court (CICC), a global network of civil society organizations working to strengthen international cooperation with the ICC, announce they will assist in organizing political protests if al-Bashir attends the UN General Assembly. A hundred of the Coalitions’ 2,500 members are represented near the UN.
William Pace, founder of the CICC, said “instead to New York, al-Bashir should travel to The Hague, where International Criminal Court has its headquarters.” Peace added al-Bashir “will be treated as innocent until proven guilty as are all accused before the independent ICC.”
He said, members of the Coalition are exploring all legal measures that could be taken by the UN, the ICC states parties and the US government to secure the arrest and transfer of President al-Bashir to the ICC.
Earlier this year the US government assisted in the transfer of the DRC fugitive Bosco Ntaganda to the ICC in The Hague.
Who can be prosecuted at ICC?
There are 34 state parties in Africa, 40 in greater Europe and 28 in the Americas and Caribbean. Al-Bashir’s airplane would almost certainly have to transit through the territories of International Criminal Court state parties.
This week the UN Secretary General Ban Ki-moon said some UN member states floated the idea that those who perpetrated the chemical weapons attack in Syria should be put for trial at the ICC.
While Western powers led by US, Britain and France advocate that Syrian President Bashar al-Assad should be held accountable for the war crimes before the International Criminal Court, Russia strongly opposes it. It is apparently also the subject of the new draft resolution on Syria at the UN Security Council – where its destiny is still disputable because of the strong Russian opposition.
Earlier this week the UN Secretary General Ban Ki-moon said the use of chemical weapons in Syria is a war crime.
Waiting for the US decision
Some diplomats at the UN whom AA reached are skeptical that the US would issue a visa for President of Sudan. Others remind of the obligation in accordance with UN diplomatic protocol.
New US Ambassador to the United Nations Samantha Power told reporters that she had seen published reports expressing al-Bashir's intention to travel to New York, but added such a trip “would be deplorable, cynical and hugely inappropriate.”
“We would suggest that given that he is under those charges, and that the ICC has indicted him, again, on genocide, war crimes, and crimes against humanity charges, that it would be more appropriate for him to present himself to the ICC and travel to The Hague,” Power said.
by Erol Avdovic
englishnews@aa.com.tr
