American Non-Governmental Organizations Coalition for the International Criminal Court
    Advocating for full US support of the ICC.
    Follow us:

    Case: Omar Hassan Ahmad Al Bashir

    Erin Siegal/UN

    Omar Hassan Ahmad Al Bashir

    Position President of the Republic of Sudan since October 16, 1993
    Charges Five counts of crimes against humanity (murder, extermination, forcible transfer, torture and rape) and two counts of war crimes (intentionally directing attacks against a civilian population and pillaging) (first warrant); three counts of genocide (by killing, by causing serious bodily or mental harm and by deliberately inflicting conditions of life calculated to bring about a group's physical destruction) (second warrant)
    Status At large, wanted by the ICC


    Summary

    The case against Omar Al Bashir is the ICC's first case against a sitting head of state. The ICC has not been able to try Al Bashir because he has not been arrested and transferred to the Court. This is in part because other nations in the region continue to host him at diplomatic meetings without arresting him. Uganda hosted Al Bashir in 2011 and did not arrest him, thereby not meeting its obligations under the Rome Statute to arrest and surrender persons for whom ICC arrest warrants have been issued. More recently, countries such as Malawi and Kenya have made clear that they would arrest Al Bashir if he were present on their territories. Al Bashir and others wanted by the ICC have criticized the court as being "anti-African."

    Timeline

    July 14, 2008 Prosecutor files an application for a warrant of arrest for Sudanese President Omar Al Bashir on charges of 10 counts of genocide, war crimes and crimes against humanity. The Prosecutor alleges in his application that Al Bashir targeted and sought to destroy the Fur, Masalit, and Zaghawa ethnic groups in Darfur by deliberately inflicting conditions of life calculated to bring about the group's destruction. This is the first time the Prosecutor has publicly charged an individual with the crime of genocide.

    March 4, 2009 Pre-Trial Chamber I issues an arrest warrant for Al Bashir on seven charges of war crimes and crimes against humanity, including murder, extermination, and rape. This is the first time the ICC has issued a warrant for a sitting head of state. The Prosecutor appeals the decision not to charge Al Bashir with genocide because he believes that the Pre-Trial Chamber applied the wrong standard of proof.

    March 15, 2012 The Presidency assigns the case against Al Bashir to Pre-Trial Chamber II.

    February 3, 2010 Appeals Chamber reverses the Pre-Trial Chamber decision not to include the charge of genocide and orders the Pre-Trial Chamber to reconsider the issue.

    July 12, 2010 Pre-Trial Chamber I issues a second arrest warrant for Al Bashir, which included three charges of genocide.

    More Resources

    International Criminal Court: