promoting human rights and the rule of law in southern africa
Newsroom
News » Archive » 2009 » October » Further reading
ICC: Nigeria: Yar'Adua asked to order Al-Bashir's arrest or.....
25th October 2009
Nigeria west africa - Four civil society organizations on Saturday asked Nigerian President Umaru Yar'Adua to use his 'position and leadership to ensure the immediate arrest of President Omar al-Bashir of Sudan", who is expected to attend the forthcoming African Union (AU) Peace and Security Council meeting on Darfur in Abuja, starting 29 October.
The organizations are the Socio-Economic Rights & Accountability Project (SERAP), Committee for the Defence of Human Rights (CDHR), Women Advocates Research and Documentation Center (WARDC) and the Partnership for Justice (PFJ).
In a joint letter to the president, the organizations threatened 'in case your government does not act as requested, we will be compelled to file necessary applications before the UN Security Council for appropriate measures and sanctions in the circumstances.'
Under Article 87 (7) of the Rome Statute of the International Criminal Court (ICC), the Court can refer the case of non-compliance back to the Security Council which may decide to take further measures.
The letter, dated 25 October, 2009, was signed by SERAP Executive Director Adeto kunbo Mumuni, CDHR President Olasupo Ojo, WARDC Executive Director Abiola Afolabi-Akiyode, and PFJ Managing Partner, Itoro Eze-Anaba.
The group expressed concern that 'despite Nigeriaâ?s international legal obligations, including under the Rome Statute of the ICC, your government has invite d President al-Bashir, wanted by the ICC on charges of crimes against humanity and war crimes.
"Your government has also reportedly given assurances that al-Bashir will not be arrested. This is a clear violation of the arrest warrant issued by the ICC on 4 March, 2009, on the Sudanese leader."
The group insisted â?Nigeria must arrest and surrender President al-Bashir to the ICC to avoid complicity in the crimes against humanity and war crimes the Sudanese leader is alleged to have committed in Darfur.'
It said 'Given its important leadership role in the African Union, its recent election to the UN Security Council, and its leadership of the Economic Community of West African States (ECOWAS) as the current Chairman of that sub-regional institution, Nigeria has a legal responsibility to deny a safe haven to the Sudanese President, wanted by the ICC under warrant following the Security Council referral of the situation in Darfur to the ICC.'
According to the group, 'under the principle aut dedere aut judicare, (extradite or prosecute), Nigeria has a legal obligation to extradite a suspect of crimes against humanity and war crimes and surrender to the ICC for prosecution or to submit the case to its competent authorities for the same purpose.
"Nigeria has also ratified the 1984 Convention against Torture, which requires it to extradite or submit cases of persons found in territory subject to their jurisdiction suspected of torture."
The group said that 'by arresting and surrendering President al-Bashir to the ICC, Nigeria's action would be consistent with Article 27 of the Rome Statute, which holds that neither the immunity of a head of state nor the official position of a suspected international criminal will bar the Court from exercising its jurisdiction."
It said this restrictive approach to immunity for incumbent Heads of State was a just, humane and progressive interpretation of traditional international law on immunity for sitting Heads of State and would help to create a world without impunity for international crimes.
'Bringing individuals to justice, regardless of their official capacity, also demonstrates an ultimate respect for international law that will do greater good for the international community of states than the temporary damage that may be done to diplomatic relations," the group said.
"Therefore, President al-Bashir's official capacity as a sitting Head of State does not exclude his criminal responsibility, nor does it grant him immunity ag a inst prosecution before the ICC.' the group further argued.
"Although Sudan is not a signatory to the Rome Statute, Nigeria, being a member of the UN Security Council, must ensure full compliance with the warrant of arrest by the ICC - given that the situation in Darfur was referred to the ICC by the Security Council.
"In addition to its obligation to cooperate with the ICC under the Rome Statute, Nigeria's membership of the Security Council provides a legal obligation for y our government to arrest and surrender President al-Bashir to the ICC to face justice for the allegations against him,' the group told Yar'Adua.
ICC: Nigeria: Yar'Adua asked to order Al-Bashir's arrest or.....
25th October 2009
Nigeria west africa - Four civil society organizations on Saturday asked Nigerian President Umaru Yar'Adua to use his 'position and leadership to ensure the immediate arrest of President Omar al-Bashir of Sudan", who is expected to attend the forthcoming African Union (AU) Peace and Security Council meeting on Darfur in Abuja, starting 29 October.
The organizations are the Socio-Economic Rights & Accountability Project (SERAP), Committee for the Defence of Human Rights (CDHR), Women Advocates Research and Documentation Center (WARDC) and the Partnership for Justice (PFJ).
In a joint letter to the president, the organizations threatened 'in case your government does not act as requested, we will be compelled to file necessary applications before the UN Security Council for appropriate measures and sanctions in the circumstances.'
Under Article 87 (7) of the Rome Statute of the International Criminal Court (ICC), the Court can refer the case of non-compliance back to the Security Council which may decide to take further measures.
The letter, dated 25 October, 2009, was signed by SERAP Executive Director Adeto kunbo Mumuni, CDHR President Olasupo Ojo, WARDC Executive Director Abiola Afolabi-Akiyode, and PFJ Managing Partner, Itoro Eze-Anaba.
The group expressed concern that 'despite Nigeriaâ?s international legal obligations, including under the Rome Statute of the ICC, your government has invite d President al-Bashir, wanted by the ICC on charges of crimes against humanity and war crimes.
"Your government has also reportedly given assurances that al-Bashir will not be arrested. This is a clear violation of the arrest warrant issued by the ICC on 4 March, 2009, on the Sudanese leader."
The group insisted â?Nigeria must arrest and surrender President al-Bashir to the ICC to avoid complicity in the crimes against humanity and war crimes the Sudanese leader is alleged to have committed in Darfur.'
It said 'Given its important leadership role in the African Union, its recent election to the UN Security Council, and its leadership of the Economic Community of West African States (ECOWAS) as the current Chairman of that sub-regional institution, Nigeria has a legal responsibility to deny a safe haven to the Sudanese President, wanted by the ICC under warrant following the Security Council referral of the situation in Darfur to the ICC.'
According to the group, 'under the principle aut dedere aut judicare, (extradite or prosecute), Nigeria has a legal obligation to extradite a suspect of crimes against humanity and war crimes and surrender to the ICC for prosecution or to submit the case to its competent authorities for the same purpose.
"Nigeria has also ratified the 1984 Convention against Torture, which requires it to extradite or submit cases of persons found in territory subject to their jurisdiction suspected of torture."
The group said that 'by arresting and surrendering President al-Bashir to the ICC, Nigeria's action would be consistent with Article 27 of the Rome Statute, which holds that neither the immunity of a head of state nor the official position of a suspected international criminal will bar the Court from exercising its jurisdiction."
It said this restrictive approach to immunity for incumbent Heads of State was a just, humane and progressive interpretation of traditional international law on immunity for sitting Heads of State and would help to create a world without impunity for international crimes.
'Bringing individuals to justice, regardless of their official capacity, also demonstrates an ultimate respect for international law that will do greater good for the international community of states than the temporary damage that may be done to diplomatic relations," the group said.
"Therefore, President al-Bashir's official capacity as a sitting Head of State does not exclude his criminal responsibility, nor does it grant him immunity ag a inst prosecution before the ICC.' the group further argued.
"Although Sudan is not a signatory to the Rome Statute, Nigeria, being a member of the UN Security Council, must ensure full compliance with the warrant of arrest by the ICC - given that the situation in Darfur was referred to the ICC by the Security Council.
"In addition to its obligation to cooperate with the ICC under the Rome Statute, Nigeria's membership of the Security Council provides a legal obligation for y our government to arrest and surrender President al-Bashir to the ICC to face justice for the allegations against him,' the group told Yar'Adua.
Print
Send to a friendnewsroom
31st January 2012programmesnews categories
Site RSS © 2005-2010 Southern Africa Litigation Centre | All rights reserved