ICC refers Malawi to UN Security Council for failure to arrest Sudan president News
ICC refers Malawi to UN Security Council for failure to arrest Sudan president
Photo source or description

[JURIST] The International Criminal Court (ICC) [official website] on Monday referred the Republic of Malawi [decision, PDF; press release] to the UN Security Council and the Assembly of States Parties to the Rome Statute [official websites] for failing to arrest Sudanese President Omar al-Bashir [case materials; JURIST news archive] when he visited the country for a trade summit in October. The court had previously asked Malawi for an explanation [JURIST report] of its actions. The ICC found “no conflict between Malawi’s obligations towards the Court and its obligations under customary international law. The court concluded:

[I]t is the view of the Chamber that when cooperating with this Court and therefore acting on its behalf, States Parties are instruments for the enforcement of the jus puniendi of the international community whose exercise has been entrusted to this Court when States have failed to prosecute those
responsible for the crimes within its jurisdiction. The Chamber therefore finds, in accordance with article 87(7) of the
Statute that the Republic of Malawi has failed to comply with the Cooperation Requests contrary to the provisions of the Statute and has thereby prevented the Court from exercising its functions and powers under this Statute. The
Chamber decides to refer the matter both to the United Nations Security Council and to the Assembly of States Parties.

The court reiterated that there is no immunity for heads of state who commit international crimes.

The ICC has previously reported Kenya and Chad [JURIST report] for failing to arrest al-Bashir when he visited those countries. Last month the Kenyan High Court ruled that al-Bashir must be arrested [JURIST report] if he ever returns to the country. In June ICC Chief Prosecutor Luis Moreno Ocampo said that al-Bashir has continued to commit crimes against humanity [JURIST report] in Darfur. In May, the ICC urged Djibouti to arrest al-Bashir [JURIST report]. Al-Bashir faces seven counts of war crimes and crimes against humanity as well as three charges of genocide [JURIST reports] in relation to the Darfur conflict [BBC backgrounder].

1:00 PM ET ~ The ICC reported Chad [decision, PDF, in French; press release] Tuesday for failing to arrest al-Bashir when he visted the country in August of this year.

THIS DAY @ LAW

Ku Klux Klan founded

The US hate group known as the Ku Klux Klan was founded on December 24, 1865 in Pulaski, Tennessee as a reaction to reconstruction efforts following the Union victory in the American Civil War. The group would later become notorious for its attacks on Black Americans, being targeted by the Enforcement Act of 1871, which imposed civil and criminal liability for deprivation of constitutional rights. Read the Enforcement Act of 1871.  

Hamid Karzai born

On December 24, 1957, Hamid Karzai was born in Karz, Afghanistan. He would go on to become in 2004 his country's first elected president after the end of Taliban rule in 2001.