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| March 4, 2009 |
Are all states including those who did not sign onto the ICC Rome Statute obligated to arrest and surrender Al-Bashir?
Although any state (party to the Rome Statute or not) can arrest him and all states will be requested to if he is on their territory (see Art 89 RS), non state parties are not obligated to, except in the case of Sudan, which the United Nations Security Council ordered to fully cooperate with the Court and thus under Ch VII they are legally obligated to (note the rest of this para in 1593 urges cooperation of non state parties but does not require it).Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
UNSC Res 1593:
Decides that the Government of Sudan and all other parties to the conflict in Darfur shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution and, while recognizing that States not party to the Rome Statute have no obligation under the Statute, urges all States and concerned regional and other international organizations to cooperate fully.