Press Statement on preserving the integrity of the International Criminal Court (ICC)

“Leaders should not act with impunity”

DITSHWANELO – The Botswana Centre for Human Rights congratulates the Government of Botswana for reaffirming its commitment to the Rome Statute which establishes the International Criminal Court (ICC) at the recently concluded Summit of the African Union held in Sirte, Libya.  During this meeting of African Heads of States, Botswana advocated for non-interference with the mandate of the ICC.

The ICC is a permanent court with the authority to try individuals allegedly responsible for the most serious crimes such as genocide, crimes against humanity and war crimes. According to Article 27 of the Rome Statute, a person is not exempted or immune from criminal prosecution by virtue of his/her official capacity as Head of State or Government. 

The ICC has been investigating crimes in Darfur since the Security Council referred the situation to the Court in March 2005 as it was of the view that the conflict in the Western region of Sudan posed a threat to international peace and security.  In March 2009, an arrest warrant was issued for current Sudanese President Omar Ahmad al-Bashir for war crimes, crimes against humanity, and genocide.

At the recent Summit, African Heads of State denounced the ICC and agreed that African countries “shall not cooperate” with the ICC “in the arrest and transfer of President Omar al-Bashir of the Sudan to the ICC”.  This decision was reached by consensus behind closed doors.

In an interview with the Botswana Press Agency, the Vice President of Botswana who represented the country at the Summit reiterated Botswana’s commitment to the principles of the Rome Statute.  The Vice President further pointed out that African countries which are signatories to the Rome Statute should maintain the commitments which they agreed to by signing the Rome Statute.

Botswana’s Minister of Foreign Affairs and International Cooperation also indicates that “The Government of Botswana does not agree with this decision and wishes to reaffirm its position that as a state party to the Rome Statute on the International Criminal Court (ICC) it has treaty obligations to fully cooperate with the ICC in the arrest and transfer of the President of Sudan to the ICC”.

DITSHWANELO supports the consistent and principled position which the Government of Botswana has taken since the issuance of the arrest warrant for President al-Bashir.  We urge the Government to continue to demonstrate this strong regional leadership.

06 July 2009
Gaborone

For more information, please contact DITSHWANELO – The Botswana Centre for Human Rights at Tel: 267 390 6998 Fax: 267 3907778, Website: www.ditshwanelo.info.bw, Email:admin.ditshwanelo@info.bw/ditshwanelo-myfuturetoday@info.org.bw