On Friday the African Union (AU) announced it will not co-operate with the International Criminal Court (ICC) in enforcing its March decision to charge Sudanese President Omar al-Bashir with war crimes and crimes against humanity.
Under the Rome Statute establishing the court, any party to the statute is required to arrest al-Bashir if he enters their territory; Sudan itself is not a signatory.
Friday’s resolution runs directly counter to that obligation, with AU member states advising that they “shall not co-operate… relating to immunities for the arrest and surrender of Sudanese President Omar al-Bashir to the ICC,” possibly allowing al-Bashir to travel with impunity throughout the continent.
The resolution does not ask the 30 African signatories to entirely end their relationship with the ICC, but nonetheless is a setback for the power of the court – both in general and in relation to Sudan in particular.
In general – because it is a dangerous precedent to have treaty parties selectively flaunting their obligations; and in particular – because in the meantime, Al-Bashir, with a warrant on his head for alleged murder, rape and torture in a conflict that has claimed the lives of 300,000 Sudanese, continues to rule.