SERAP asks ICC to refer FG to UN Security Council for failing to arrest Sudanese President Al-Bashir
Socio-Economic Rights and Accountability Project (SERAP) has sent urgent request to the Prosecutor of the International Criminal Court, Ms Fatou Bensouda requesting her to “use your good offices and position to urgently refer the Nigerian government to the UN Security Council for failing to arrest President Omar Al-Bashir and surrender him to the International Criminal Court to face fair trial on the charges against him.”In the petition dated 15 July 2013 and signed by Solicitor to SERAP Femi Falana, SAN, the organization stated that, “Nigeria is a state party to the Rome Statute of the International Criminal Court having ratified the Statute in September 2001. Under article 87, the ICC Prosecutor can refer a state party that refuses to cooperate with a request from the ICC, to the Assembly of States Parties or, where the Security Council referred the matter to the Court as in this case, to the Security Council.”
According to the organization, “President Omar Al-Bashir is currently in Abuja attending a conference. SERAP notes that the International Criminal Court already issued two arrest warrants for Omar Al-Bashir for genocide, crimes against humanity and war crimes in Darfur. The warrants, issued in 2009 and 2010, charge him with criminal responsibility on 10 counts, including murder, extermination, forcible transfer of population, torture and rape.”
“Similarly, when the UN Security Council referred the situation in Darfur to the ICC in 2005, it urged all states to co-operate fully with the Court. According to the ICC, Bashir’s official capacity as head of state does not exclude criminal responsibility or get him immunity,” the organization added.
President Goodluck Jonathan with President Omar Al-Bashir of Sudan at the AU HIV/AIDS, Tuberculosis and Malaria summit Monday, in Abuja.
The organization also stated that, “In 2009, the ICC Prosecutor acting pursuant to article 89 of the Rome Statute issued a Decision requesting all states parties to the Rome Statute to cooperate with the court in the Omar Al-Bashir case.”
According to the organization, “The ICC has already exercised this power with respect to Chad and Kenya and we urge you to exercise your authority in this case to refer the Nigerian government to the UN Security Council for failing to arrest President Omar Al-Bashir and surrender him to the ICC.”