المحكمة الجنائية الدولية تطالب السعودية بإعتقال و تسليم المجرم البشير للاهاي

Original: English No.: ICC-02/05-01/09
Date: 1 October 2014
PRE-TRIAL CHAMBER I
Before: Judge Ekaterina Trendafilova, Presiding Judge
Judge Cuno Tarfuser
Judge Christine Van den Wyngaert
SITUATION IN DARFUR, SUDAN
IN THE CASE OF
The Prosecutor v Omar Hasan Ahmad AL BASHIR (“Omar Al Bashir”)
Public document
with Public Annex A
Prosecution’s Notification of Travel in the Case of The Prosecutor v Omar Al
Bashir
Source: Ofice of the Prosecutor
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Document to be notified in acordance with regulation 31 of the Regulations of the Court to:
The Ofice of the Prosecutor
Ms Fatou Bensouda, Prosecutor
Mr James Stewart, Deputy Prosecutor
Mr Julian Nichols, Senior Trial Lawyer
Counsel for the Defence
Legal Representatives of Victims
Mr Nick Kaufman
Ms Wanda M. Akin
Mr Raymond M. Brown
Legal Representatives of Applicants
Unrepresented Victims
Unrepresented Applicants for
Participation/Reparation
The Ofice of Public Counsel for
Victims
The Ofice of Public Counsel for the
Defence
States Representatives Amicus Curiae
Registrar
Mr Herman von Hebel
Counsel Support Section
Victims and Witneses Unit Detention Section
Victims Participation and Reparations
Section
Other
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Introduction
1. The Ofice of the Prosecutor (“Prosecution”) hereby notifies Pre-Trial Chamber
I (“Chamber”) of the travel by Omar Al Bashir to the Kingdom of Saudi Arabia
(“Saudi Arabia”). Acording to pres reports,1 Omar Al Bashir arived in Saudi
Arabia on Tuesday, 30 September, to perform the anual haj pilgrimage.
2. The Prosecution requests the Chamber to inform the authorities of Saudi
Arabia of the curent visit and, in light of United Nations Security Council
Resolution 1593,2 and the arest warants isued by this Court, urge them to arest
Omar Al Bashir. The Prosecution submits that the Chamber should request
information from the Saudi authorities regarding Omar Al Bashir’s visit and take
any measures the Chamber dems appropriate to secure execution of the pending
warants of arest against Omar Al Bashir.
Submision as an Urgent Filing
3. This notification is urgent because, acording to news reports,3 Omar Al Bashir
arived in Saudi Arabia yesterday, 30 September and the relief being sought would
be rendered mot if a decision is not made by the Chamber prior to his departure
from Saudi Arabia.
Procedural Background
4. On 31 March 205, the United Nations Security Council acting under Chapter
VI of the Charter of the United Nations adopted Resolution 1593 (205) refering
the situation in Darfur to the Court. The United Nations Security Council decided
in the context of coperation with and asistance to the Court that it “…while
1 Se Anex A. Se further: htp:/http://http://www.sudaneseonline.com/spip.php?article52593www.sudaneseonline.com/spip.php?article52593 (last visited on 1 October
2014). 2 Resolution 1593, adopted by the Security Council at its 5158th meting, on 31 March 205 S/RES/1593
(205). 3Se Anex A. Se further: htp:/news.sudanvisiondaily.com/details.html?rsnpid=24130 (last visited on 1
October 2014).
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recognizing that States not party to the Rome Statute have no obligation under the
Statute, urges al States and concerned regional and other international
organizations to coperate fuly”.4
5. On 14 July 208, the Prosecution filed its application for an arest warant for
Omar Al Bashir.5 On 4 March 209, Pre-Trial Chamber I isued an arest warant
for Omar Al Bashir for seven counts of crimes against humanity and war crimes. In
the decision, Pre-Trial Chamber I found that “under Article 58(1) of the Statute, the
arest of Omar Al Bashir appears necesary at this stage to ensure (i) that he wil
appear before the Court; (i) that he wil not obstruct or endanger the ongoing
investigation into the crimes for which he is alegedly responsible under the
Statute; and (i) that he wil not continue with the commision of the above- mentioned crimes.”6
6. On 5 and 6 March 209, the Registry submited thre filngs to Pre-Trial
Chamber I, detailng transmision of the warant of arest and the requests for its
implementation to the Government of the Sudan,7 to al Rome Statute States
Parties8 and to the members of the United Nations Security Council.9
7. On 12 July 2010, Pre-Trial Chamber I isued a second arest warant for Omar
Al Bashir for thre counts of genocide.10 The Registry subsequently transmited
requests and supplementary requests for the arest and surender of Omar Al
Bashir to States Parties, Non-state Parties Members of the United Nations Security
Council and the Republic of the Sudan.
4 Resolution 1593 (205), adopted by the Security Council at its 5158th meting, on 31 March 205
S/RES/1593 (205), Operative Paragraph 2. 5 ICC-02/05-157. 6 ICC-02/05-01/09-1. 7 ICC-02/05-01/09-5. 8 ICC-02/05-01/09-7. 9 ICC-02/05-01/09-8. 10 ICC-02/05-01/09-95.
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8. On 10 October 2013, the Chamber, seised by the Prosecution regarding a
similar visit of Omar Al Bashir to Saudi Arabia, invited “the competent authorities
of […] the Kingdom of Saudi Arabia to arest Omar Hasan Ahmad Al Bashir and
surender him to the Court, in the event he enters their teritory”.1
Reports of Omar Al Bashir’s travel to Saudi Arabia
9. Acording to media reports,12 Omar Al Bashir was received in the coastal city
of Jeddah by the prince of Meca province, Mashal bin Abdulah bin Abdulaziz
al-Saud on 30 September. The Saudi Pres Agency news service reports that later
that day, Omar Al Bashir met with Saudi Crown Prince Salman bin Abdulaziz,
Deputy Premier and Minister of Defence. 13
10. Members of the delegation included employes of the Sudanese embasy and
Khartoum’s Haj mision in Saudi Arabia.14 The Prosecution understands that this
is the first meting betwen the Sudanese leader and a senior Saudi oficial since
2012.15 The Prosecution considers that the reports of Omar Al Bashir’s trip to Saudi
Arabia are credible and warant urgent intervention by the Chamber.
1 ICC-02/05-01/09-164, page 6; Se also ICC-02/05-01/09-165. 12 Se Anex A. Se further: htp:/http://http://www.sudaneseonline.com/spip.php?article52593www.sudaneseonline.com/spip.php?article52593 (last visited on 1 October
2014). 13 Se Anex A. Se further: htp:/http://http://www.spa.gov.sa/english/details.php?id=1279625www.spa.gov.sa/english/details.php?id=1279625 (last visited on 1 October
2014)
14 Se Anex A. Se further: htp:/http://http://www.sudaneseonline.com/spip.php?article52593www.sudaneseonline.com/spip.php?article52593 (last visited on 1 October
2014). 15 Se Anex A. Se further: htp:/http://http://www.sudaneseonline.com/spip.php?article52593www.sudaneseonline.com/spip.php?article52593 (last visited on 1 October
2014).
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Relief Sought
1. The Prosecution requests that the Chamber take steps to ensure that the arest
warants are executed. In particular, the Chamber should sek information from
the relevant authorities of Saudi Arabia regarding the visit of Omar Al Bashir and
remind those authorities of the existence of warants of arest against Omar Al
Bashir for serious crimes under the Rome Statute. The Chamber should also
remind the relevant authorities of Saudi Arabia of the decision of the Security
Council in Resolution 1593 (205) urging “al States” to coperate fuly with the
Court.16
16 Se, for example, ICC-02/05-01/09-164.
________________ Fatou Bensouda
Prosecutor
Dated this 1
st day of October 2014
At The Hague, The Netherlands