December 14, 2018

ICC the latest on Al Bashir case

Al Bashir case: ICC Appeals Chamber invites submissions from Sudan and Mr Al Bashir on legal questions raised by Jordan

On 25 May 2018, the Appeals Chamber of the International Criminal Court (“ICC” or “Court”) invited submissions, by 16 July 2018, from the competent authorities of the Republic of Sudan and Mr Omar Hassan Ahmad Al Bashir on the legal questions raised by the Hashemite Kingdom of Jordan (“Jordan”) in its appeal pending before the Appeals Chamber.

Jordan’s appeal against Pre-Trial Chamber II’s decision of 11 December 2017 concerns a finding that Jordan, a State Party to the Rome Statute since 2002, had failed to comply with its obligations under the statute by not executing the Court’s request for Mr Al Bashir’s arrest and surrender to the Court while he was on Jordanian territory attending the League of Arab States’ Summit on 29 March 2017.

The Pre-Trial Chamber had decided to refer the matter of Jordan’s non-compliance to the Assembly of States Parties and the United Nations Security Council. On 12 March 2018, Jordan appealed this decision. This will be the first time that the Appeals Chamber will consider the matter of a referral of a State Party’s non-compliance to the Assembly of States Parties and the United Nations Security Council.

The Appeals Chamber had, on 29 March 2018, invited observations from the United Nations and Regional Organisations (specifically the African Union, the League of Arab States and the Organization of American States), ICC States Parties and Professors of International Law on legal questions raised by Jordan.

Order inviting submissions

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