IRTE, Libya (Reuters) – African Union heads of state voted yesterday not to cooperate with the International Criminal Court in its indictment of Sudanese President Omar Hassan al-Bashir.
“(The African Union) decides that in view of the fact that a request of the African Union (to defer al Bashir’s indictment) has never been acted upon, the AU member states shall not cooperate pursuant to the provisions of Article 98 of the Rome Statute of the ICC relating to … the arrest and surrender of Sudanese President Omar al Bashir to the ICC,” a text of the resolution obtained by Reuters said.
Two delegates told Reuters the resolution had been adopted by the AU heads of state summit.
War crimes
The 53-member organisation wants a deferment of the indictment over war crimes carried out during fighting in Sudan’s Darfur region, saying the warrant for Bashir’s arrest compromises peace efforts in Darfur.
Reed Brody, legal counsel for New-York based Human Rights Watch, told reporters at the summit: “This is going to give … comfort to a man who is accused of some of the worst crimes of our time.
However, he said it was not clear what practical effect the resolution would have because 30 African countries have signed up to the ICC and remain legally obliged to arrest Bashir if he visits.
Sudan said today its president was now free to travel across Africa.
“The president is free to travel anywhere in Africa, including those countries that have ratified the ICC’s Rome statute,” said Sudan’s foreign ministry spokesman Ali al-Sadig.
Bashir did not attend the inauguration of South African President Jacob Zuma in May, amid reports Pretoria had warned Khartoum that the Sudanese leader could be arrested.
The spokesman said he thought the African Union’s decisions were immediately binding on members, so Bashir would not have to wait for further approval from the parliaments of each state.
Rights group Amnesty International criticised the AU vote, saying it undermined the credibility of the 53-member body.
“This decision by the African Union member states shows a disdain for those in Darfur who suffered gross human rights violation and makes a mockery of the AU as an international body,” said Amnesty Africa director Erwin van der Borght.