ICC Finds Uganda and Djibouti Failed to Comply With Request for Arrest and Surrender of Al Bashir (July 11, 2016) [1]
On July 11, 2016, the International Criminal Court (ICC) held that Uganda and Djibouti failed to comply with a request for the arrest and surrender of Sudanese President Omar Hassan Ahmad Al Bashir to the ICC. In separate decisions [3], the court found that Uganda and Djibouti failed to arrest and surrender Al Bashir when he visited their respective territories to attend inauguration ceremonies in May 2016. Pursuant to Article 87 of the Rome Statute [4], the Court referred the matter to the Assembly of States Parties to the Rome Statute [5] and to the UN Security Council to take appropriate measures. The Court previously has issued similar decisions in this case against Malawi, Chad, the Democratic Republic of the Congo, and Sudan itself. According to the Court’s case information sheet [6], two arrest warrants have been issued against Al Bashir, who is wanted for crimes committed in Darfur, Sudan between 2003 and 2008. He is charged with five counts of crimes against humanity (murder, extermination, forcible transfer, torture, and rape); two counts of war crimes (intentionally directing attacks against a civilian population as such or against individual civilians not taking part in hostilities, and pillaging); and three counts of genocide against ethnic groups in Darfur. In January 2005, a report [7] by the International Commission of Inquiry on Darfur recommended to the UN that the situation in Darfur be referred to the ICC. In March 2005, the UN Security Council referred the matter to the ICC in Resolution 1593 [8].