Gender Report Card on the International Criminal ... - YWCA Canada

OTP Situations and Cases
provide the Chamber with observations as to its
alleged failure to comply with its cooperation
obligations under the Rome Statute. 681 At the
time of writing, Malawi had not yet publicly
responded to this request. Following Kenya, Chad
and Djibouti, Malawi is the fourth ICC State Party
to prompt action from the Pre-Trial Chamber
for publicly defying the Arrest Warrant against
Sudanese President Al’Bashir.
On 8 December 2010 682 and 10 January
2011, 683 the Prosecutor informed the Pre-Trial
Chamber of President Al’Bashir’s possible
travel to Senegal and Zambia, and to Chad, all
States Parties. Although President Al’Bashir
did travel to Chad later in 2011, as discussed
above, he does not appear to have travelled to
either Senegal or Zambia. 684 Following these
reports by the Prosecutor, in January 2011,
the AU again reiterated its disapproval of the
Arrest Warrant against President Al’Bashir, and
reaffirmed its position that Chad and Kenya were
implementing various AU decisions by receiving
President Al’Bashir. 685 Similarly, as discussed
in more detail in the OTP – Libya section, the
issuance of Arrest Warrants against Muammar
Mohammed Abu Minyar Gaddafi (Gaddafi), his
son Saif Al-Islam Gaddafi (Saif Al-Islam) and his
brother-in-law Abdullah Al-Senussi (Al-Senussi)
has triggered similar responses by the AU,
with the AU issuing a declaration again calling
upon its Member States not to cooperate with
the ICC. 686 Unlike the AU, however, for the first
681 ICC-02/05-01/09-137.
682 ICC-02/05-01/09-122.
683 ICC-02/05-01/09-125.
684 ‘Sudanese president will not attend regional summit in
Zambia’, Sudan Tribune, 13 December 2010, available at
,
last visited on 26 October 2011;
685 Resolution Assembly/AU/Dec.334(XVI), adopted at the
sixteenth ordinary session, 30-31 January 2011, Addis
Ababa, Ethiopia.
686 Decision adopted during the 17 th African Union Summit,
African Union, 1 July 2011, available at ,
last visited on 26
October 2011.
time in nearly two years, the Gulf Cooperation
Council (GCC) 687 in their final communiqué
removed a reference to the ICC Arrest Warrant
against President Al’Bashir. Since 2009, the GCC
statements had included a paragraph expressing
solidarity with the Government of Sudan and
rejecting the ICC Arrest Warrant against its
President. 688 As discussed in more detail below,
Harun and Kushayb also remain at large, despite
outstanding Arrest Warrants against them.
In his report to the Security Council in June
2011, 689 the Prosecutor expressed his concern
about the continued non-cooperation by the
Government of Sudan and the continuation
of the commission of crimes. He noted
that President Al’Bashir is threatening ‘the
international community with retaliation and
yet more crimes’. 690 The Prosecutor stressed that
the Government of Sudan’s announcements of
national efforts to investigate the crimes, without
actually taking action, are part of its policy to
cover up the crimes and avoid international
scrutiny. 691 In his report, the Prosecutor also
updated the Security Council on the ongoing
crimes against civilians in Darfur. Referring
to the 8 March 2011 report by the UN Panel
of Experts on the Sudan, he emphasised that
‘sexual and gender-based violence has been one
of the most persistent human rights violations
687 The GCC includes Bahrein, Kuwait, Oman, Qatar, Saudi
Arabia and the United Arab Emirates.
688 ‘Arab Gulf states drop condemnation of ICC warrant
against Sudan’s Bashir’, Sudan Tribune, 14 June 2011,
available at ,
last visited on 26
October 2011.
689 Prosecutor of the International Criminal Court,
‘Thirteenth <strong>Report</strong> by the Prosecutor of the International
Criminal Court to the UNSC pursuant to UNSCR
1593(2005)’, New York, 8 June 2011, available at , last visited on 26
October 2011, (hereinafter ‘<strong>Report</strong> by the Prosecutor to
the UNSC, 8 June 2011’) .
690 <strong>Report</strong> by the Prosecutor to the UNSC, 8 June 2011, para
82.
691 <strong>Report</strong> by the Prosecutor to the UNSC, 8 June 2011, para
68.
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