Omar Hassan Ahmad al-Bashir

On 4 March 2009, Omar Hassan Ahmad al-Bashir became the first sitting head of state to be indicted by the International Criminal Court (ICC) when Pre-Trial Chamber I issued a warrant for the arrest of the Sudanese President.
The decision to issue the warrant of arrest follows an Application made by the Prosecutor of the ICC, Luis Moreno-Ocampo on 14 July 2008. In its decision of 4 March 2009, the Pre-Trial Chamber indicted al-Bashir as an indirect (co-) perpetrator for five counts of crimes against humanity (murder, extermination, forcible transfer, torture, rape) and two counts of war crimes (direct attacks on civilians and pillaging). Although the majority of the Chamber found that the Prosecutor had failed to provide reasonable grounds to prove the specific intent required for Genocide, they found sufficient evidence to believe that al-Bashir coordinated a five-year counter-insurgency campaign, a “core component” of which was the unlawful and intentional direct attack of the Fur, Masalit and Zaghawa civilian population.

On 12 July 2010 Pre-Trial Chamber I of the International Criminal Court (ICC) issued a second warrant of arrest against Al- Bashir, considering that there are reasonable grounds to believe he is responsible for three counts of genocide committed against the Fur, Masalit and Zaghawa ethnic groups, that include: genocide by killing, genocide by causing serious bodily or mental harm and genocide by deliberately inflicting on each target group conditions of life calculated to bring about the group’s physical destruction.

This second arrest warrant does not replace or revoke in any respect the first warrant of arrest issued against Al-Bashir on 4 March 2009, which remains in effect.
The situation in Darfur was originally referred to the Prosecutor by the United Nations Security Council on 31 March 2005, in Resolution 1593. Two other warrants of arrest in connection with the Darfur conflict were issued on 27 April 2007 for current Sudanese Minister, Ahmad Muhammad Harun and former Janjaweed militia leader, Ali Muhammad Al Abd-Al-Rahman (“Ali Kushayb”).
On 1 December, 2010, Pre-Trial Chamber I of the International Criminal Court (ICC) requested the Central African Republic to take all necessary measures to arrest Omar Al Bashir and transfer him to the Court, in the event and at the moment that he arrives in the country’s territory.
On 8 December 2010 the Office of the Prosecutor submitted a notification to the Chamber informing of a possible travel of President Al-Bashir to the Republic of Senegal and to the Republic of Zambia. A similar notification was submitted to the Republic of Chad on 10 January 2011.

The situation in Darfur, Sudan
The Controversial Actions of the ICC Prosecutor: a Crisis of Maturity?

Commentaries

The Al Bashir Appeals Chamber Judgment on Genocide: A Critical Appraisal in Law and in ContextThe Controversial Actions of the ICC Prosecutor: a Crisis of Maturity?The Crime of Persecution and the Situation in Darfur: A Comment on the Al Bashir Arrest Warrant Decision

Legal events

Eighth session of the Assembly of States PartiesICC decision on Al-Bashir arrest warrant

News

Central African Republic urged to cooperate in arrest of al-BashirGenocide evidence presented against Sudanese PresidentICC issues arrest warrant for al-BashirICC issues genocide arrest warrant against Omar Al-Bashir ICC Prosecutor appeals al-Bashir Genocide DecisionICC: Appeal Chamber upholds Arrest Warrant appealProsecutor notifies Pre-Trial Chamber about possible Bashir travel

Research / Basic Legal Tools (Research Document)

Report of the International Commission of Inquiry on Darfur to the UN, 25-1-2005Rome Statute of the International Criminal Court, 1-7-2000Rules of Procedure and Evidence (ICC), 9-9-2002UNSC Resolution for the transfer of the situation in Darfur to the ICC

Research/ Court Documents

Copy of Pros. v. Omar Al Bashir: Prosecution's Appeal against Decision on Application for a Warrant of Arrest, 6-7-2009Copy of Pros. v. Omar Al Bashir: Prosecution's Appeal against Decision on Application for a Warrant of Arrest, 6-7-2009Copy of Pros. v. Omar Al Bashir: Prosecution's Appeal against Decision on Application for a Warrant of Arrest, 6-7-2009Pros. v. Omar Al Bashir: Decision on Prosecution's Application for Leave to Appeal, 24-6-2009Pros. v. Omar Al Bashir: Decision on the Prosecution's Application for a Warrant of Arrest, 4-3-2009Pros. v. Omar Al Bashir: Judgment on Appeal of Prosecutor against Decision on Arrest Warrant, 3-02-10Pros. v. Omar Al Bashir: Prosecution's Appeal against Decision on Application for a Warrant of Arrest, 6-7-2009Pros. v. Omar Al Bashir: Public Redacted Version of Prosecution's Application under Article 58 filed on 14 July 2008, 12-9-2008Pros. v. Omar Al Bashir: Second Decision on the Prosecution's Application for a Warrant of Arrest, 12-07-2010Pros. v. Omar Al Bashir: Second Warrant of Arrest, 12-07-2010Pros. v. Omar Al Bashir: Warrant of Arrest, 4-3-2009

Research/ Factsheets

Factsheet: Situation in Darfur (02-2007)Pros. v. Omar Al Bashir, Case Information SheetSummary of the case, Omar Hassan Ahmad al-BashirSummary of the decision: Arrest Warrant for Omar Hassan Ahmad Al Bashir

Research/ miscellaneous (Research Document)

ICC Detention CentreLubanga trial to resume on 7 January 2010The course of action and procedure following the arrest and surrender of a suspect to the Court

Research/ Press documents

ICC issues a warrant of arrest for Omar Al Bashir, 04-03-09ICC Prosecutor presents case against Sudanese President, 14-7-2008ICC Prosecutor presents case against Sudanese President, Hassan Ahmad AL BASHIR, for crimes in Darfur. The Prosecutor of the ICC opens investigation in Darfur, 6-6-2005