Courts & Justice Law Journal
Advocatus Iustitia Aeque
1 Cts. & Just. L.J.
ARTICLE | VOLUME 1, ISSUE 1
Police Force Organ to Support the ICC’s Judgments and Arrest Warrants: A Proposition to Amend Article 86 of the Rome Statute
by Humoud Y. Alfadhli, Emory University School of Law SJD/PhD 2021
1 Cts. & Just. L.J. 23 (2019)
Omar Al Bashir became president of Sudan in 1989. His time in office was marked by various crimes, such as war crimes and crimes against humanity. Because of his conduct while in office, president Al Bashir was indicted by the International Criminal Court for committing war crimes and crimes against humanity on March, 2009. The Court issued an arrest warrant to bring him and prosecute him before the Court. The Statute of Rome established the ICC. Article 86 of the Rome Statute requires all signatories to cooperate with the ICC by complying with the courts’ orders including arresting those sought by a warrant. In 2010, Omar Al Bashir visited the Republic of Chad, a signatory of the Rome Statute, but was not arrested. In 2017, he visited the Kingdom of Saudi Arabia, another signatory of the Rome Statute. Again, nothing happened. The countries in question gave no reasons for not arresting him.
The failed attempts to arrest Omar Al Bashir illustrate the limitations of the International Criminal Court (ICC) in achieving its primary goal. Although the Rome Statute stated that states parties have an obligation to cooperate with the ICC to arrest the international criminals, many states have violated it. Since Mr. Bashir was indicted, many heads of states have failed to comply, and have instead let him enter and depart their countries.
Emily M. Strak
/ April 2019 / C&JLJ ___________________________