Sudanese President Omar Al Bashir safe in Nigeria

Sudanese President Omar al-Bashir, who arrived in Abuja last night for a health summit, should have no fear of arrest, it was learnt yesterday.
The International Criminal Court (ICC) has issued warrants for al-Bashir’s arrest. Nigeria has been urged to execute the warrant, but the Federal Government has said it will not – in line with a resolution of the African Union (AU).
The government’s stand is that since the AU has not rescinded its July 2009 Resolution in Libya, al-Bashir has immunity from arrest in Nigeria.
According to a top source in government, who spoke in confidence, although Nigeria has subscribed to Article 98 of the ICC, it will stick to the AU decision.
The source said: “It is true that Nigeria and more than 30 other African countries have subscribed to the Rome statutes and treaty obligation to arrest al-Bashir, but there is a subsisting appeal to the UN to reconsider the prosecution of the Sudanese leader.
“Up till now, the UN has not responded to the appeal of the AU on al-Bashir. So, the status quo remains.
“Based on the need to enforce status quo ante bellum, the AU in 2009 in Libya passed a resolution on its position on al-Bashir’s trial by the ICC. That resolution, which allows al-Bashir free access to any part of Africa, is still binding on all AU members. The resolution has not been vacated till today.
“This explains why some African countries have allowed Omar al-Bashir to visit their countries in the last few years.”
The source quoted the AU Resolution as follows: “[The AU] 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 co-operate pursuant to the provisions of Article 98 of the Rome Statute of the ICC relating to immunities for the arrest and surrender of Sudanese President Omar al-Bashir to the ICC.”
Responding to a question, the source said: “As a leader of a sovereign country, al-Bashir enjoys immunity; we cannot go out of our way to arrest him in Nigeria.”
But Human Rights Watch urged authorities in Abuja to arrest him for war crimes charges.
“Bashir left today for the Nigerian capital Abuja to participate in the African Union summit about HIV, TB and malaria to be held over two days,” the state SUNA news agency said.
Nigeria is a member of The Hague-based ICC, which in 2009 and 2010 issued two warrants against Bashir for war crimes, genocide and crimes against humanity allegedly committed in Sudan’s Darfur region.
His visit marks “a real test of Nigeria’s commitment to the ICC”, Elise Keppler, associate director of the International Justice Programme at Human Rights Watch, told AFP ahead of al-Bashir’s trip.
Some ICC members including Chad, Djibouti and Kenya, have allowed visits by Bashir, but others, such as Botswana, South Africa and Uganda, have ensured that he stays away.
Some states “have found a way out of this problem and Nigeria should do the same”, Keppler said, urging Nigeria to arrest al-Bashir if he sets foot in the country.
Nations that have signed on to the world’s only permanent court for war crimes and crimes against humanity have a legal obligation to arrest any indicted suspect found within their territory.

Culled from The Nation

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