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Frequently Asked Questions on the Arrest Warrant for Omar al-Bashir
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What is the International Criminal Court (ICC)?
The International Criminal Court, established in 2002, is a permanent, independent court that investigates and prosecutes persons accused of war crimes, crimes against humanity, crimes of aggression and genocide. The court's founding Statute has been ratified by 108 countries.
How did the ICC get involved in Darfur?
Although Sudan has not ratified the Rome Statute of the ICC, the U.N. Security Council has the authority to refer crimes committed in any country. In 2005, the Security Council referred the Darfur situation to the ICC in Resolution 1593. Following the referral, prosecutor Luis Moreno-Ocampo opened a formal investigation into the situation in Darfur.
Are there other Darfur cases before the ICC?
Yes. In addition to the case against President al-Bashir, which was the second Darfur case presented by the prosecutor, there are two other Darfur cases before the ICC.
The first Darfur case
On April 27, 2007, ICC judges issued warrants for the arrests of two suspects on charges of crimes against humanity and war crimes in Darfur.
- Ahmad Harun was named for twenty counts of crimes against humanity and twenty-two counts of war crimes. From 2003 to 2005, Harun served as Minister of State for the Interior of the Government of Sudan, where he was responsible for the Darfur Security Desk. Following the warrant for Harun's arrest, the Government of Sudan refused to arrest or turn over Harun, then appointed him Minister of State for Humanitarian Affairs.
- Ali Mohamed Ali ("Ali Kushayb") was named for twenty-two counts of crimes against humanity and twenty-eight counts of war crimes. Since 2003, Kushayb served as a senior leader of the infamous janjaweed militias. Kushayb has not been turned over to the Court.
The third Darfur case
On November 20, 2008, the prosecutor submitted to the ICC judges evidence against rebel commanders allegedly responsible for the attack on Africa Union peacekeepers at Haskanita, South Darfur in September 2007. The judges are examining the evidence in this case and may issue arrest warrants this year.
Should al-Bashir turn himself over for trial at the ICC?
Yes. Bashir, his Khartoum regime, and other parties to the conflict are obligated under UN Security Council Resolution 1593 to cooperate with the ICC. For Bashir, this means cooperating with the legal proceedings against him and turning himself over to the Court.
What if Bashir does not turn himself over for trial? Can he be arrested?
The ICC itself has no force that can enter Sudan to arrest Bashir. The international community must press Sudanese authorities to comply with their obligations to cooperate with the ICC, including executing all outstanding warrants.
Are you calling for an internal coup or external intervention to depose al-Bashir in Khartoum?
We are not calling for a coup or external military intervention to depose al-Bashir, though we do not believe that a wanted war criminal can be an effective head of state for Sudan. It should be noted that the UNAMID peacekeeping force has no mandate or intention to arrest al-Bashir or otherwise contribute to regime change.
Should States Parties to the Rome Statute of the ICC arrest Bashir if he enters their territory?
If Bashir enters their territory as a sitting head of state, States Parties may have varied legal interpretations on the relative weight of Bashir's immunity from arrest as a sitting head of state under customary international law versus their obligations to the Court's work under the Rome Statute. To avoid this possible conflict, neither States Parties to the ICC nor Non-States Parties should allow al-Bashir to enter their territory.
How can the international community avoid dealing with the Khartoum regime when we need their cooperation to move forward a Darfur peace process?
Countries should limit diplomatic interaction with al-Bashir in Khartoum to efforts to end the crisis in Darfur and bring peace to all of Sudan. They should encourage other members of the ruling National Congress Party (NCP) in Khartoum to take this opportunity to forge a new productive role in the international community by ending violence and impunity and bringing peace to Darfur.
What makes you believe there is an opportunity to end the conflict in Darfur now, after so many years of conflict there?
After so many years of conflict in Darfur, two "game changers" have emerged:
After the ICC issued warrants for the arrests of a mid-level Khartoum official and for a notorious militia leader for crimes in Darfur, the U.N. Security Council failed to hold the Khartoum regime accountable for its failure to cooperate with the Court and execute the warrants. Instead, it brought no real pressure to bear on the Khartoum regime, and crimes in Darfur continued. The international community must learn from this failure and ensure that the Khartoum regime can no longer continue with business as usual.
Does the ICC's action threaten the fragile North-South peace forged by the CPA?
The pursuit of justice for crimes in Darfur through the ICC does not threaten the CPA. For years, the Khartoum regime has sought to blackmail the international community into abandoning accountability for crimes in Darfur. It has held hostage civilian protection and relief efforts, and it has threatened consequences for the CPA to test the international community's commitment to Darfur. Now the Security Council - led by its five permanent members and the seven non-permanent members who are parties to the Rome Statute - must categorically reject any attempt by the government of Sudan to suspend or abandon the CPA.
What about rebel movements? Shouldn't they be held accountable for any crimes they commit, as well as for suggestions they might conduct a military offensive following the issuance of a warrant for Bashir's arrest?
Yes, rebel movements must also be held accountable for any war crimes or other egregious crimes committed in Darfur. The Save Darfur Coalition welcomed the ICC prosecutor's request for arrest warrants for rebel commanders allegedly responsible for attacks on African Union peacekeepers in Haskanita, South Darfur in September 2007. The ICC judges are still reviewing the evidence submitted by the prosecutor in this case. Should the judges issue arrest warrants, the indicted individuals should turn themselves over to the Court.
The Security Council must make clear to rebel movements that any attempt they make to use the ICC decision as an excuse for offensive military action will incur punitive measure. All parties to the conflict must come to the negotiating table.
What do you make of humanitarian organizations' (or humanitarian organization X's) position on/lack of support for the ICC's work in Darfur?
Save Darfur is not affiliated with and has no comment on the positions of any humanitarian operation. Humanitarian operations have done heroic work keeping millions of people alive in Darfur for years.
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