Author(s): James E Archibong, Chidi Julius Lloyd
The International Criminal Court (ICC) in 2009 ordered the arrest of Omar al-Bashir, at that time president of Sudan, after his indictment for heinous crimes in Darfur, Sudan. The warrant was not at any time enforced. The Sudanese government argued that he enjoyed immunity as Head of State, and that Sudan was not a party to the Rome Statute. This assertion was supported by the African Union (AU). On 11 April, 2019 Omar al-Bashir was toppled by the armed forces of Sudan and replaced by a Sovereign Council. The stance of the transitional government with regard to crimes committed in Darfur is mixed and obscure. Its options include domestic trial; prosecution outside Sudan through a regional arrangement; and extradition to the ICC. It is doubtful if any domestic trial will succeed or secure justice for the multitudinous victims of the conflict. This paper suggests that the most credible way forward is for al-Bashir to be delivered to the ICC based on the subsisting indictment and warrant of arrest.