The ICC informs UNSC of Malawi’s non-cooperation

12/12/2011 22:33

The International Criminal Court (ICC) has decided that the Republic of Malawi failed to cooperate with the Court by not arresting and surrendering Omar Al Bashir to the Court during his visit to Malawi on 14 October 2011. The Chamber decided to refer the matter to both the United Nations Security Council and the Assembly of States Parties to the Rome Statute, founding treaty of the ICC. The Chamber found that there is no conflict between Malawi’s obligations towards the Court to arrest and surrender the suspect and its obligations under customary international law. The Judges indicated that this analysis also addresses the legal viability of the African Union’s position, which the Republic of Malawi relied upon, and which refuses to comply with the ICC’s requests for cooperation regarding the arrest and the surrender of Mr Al Bashir. 

The International Criminal Court (ICC) has decided that the Republic of Malawi failed to cooperate with the Court by not arresting and surrendering Omar Al Bashir to the Court during his visit to Malawi on 14 October 2011.

The Chamber decided to refer the matter to both the United Nations Security Council and the Assembly of States Parties to the Rome Statute, founding treaty of the ICC.

The Chamber found that there is no conflict between Malawi’s obligations towards the Court to arrest and surrender the suspect and its obligations under customary international law. The Judges indicated that this analysis also addresses the legal viability of the African Union’s position, which the Republic of Malawi relied upon, and which refuses to comply with the ICC’s requests for cooperation regarding the arrest and the surrender of Mr Al Bashir.