The International Criminal Court on Monday unanimously confirmed that Jordan failed to comply with its obligations by not arresting former Sudanese president Omar Al-Bashir and surrendering him to the ICC while he was on Jordanian territory.
However, the ICC decided to reverse a decision to refer the matter of Jordan’s non-compliance to the Assembly of States Parties and the United Nations Security Council.
The ICC said that the Pre-Trial Chamber referred Jordan’s non-compliance to the ASP and UNSC based on an incorrect conclusion that Jordan had not sought consultations with the Court.
The ICC also concluded that there is no Head of State immunity under customary international law with regard to an international court.
Bashir, who is wanted on charges of genocide and war crimes committed in Darfur between 2003 and 2008, has two warrants for arrest against him issued by the ICC.
Jordan, a State Party to the ICC Rome Statute since 2002, failed to arrest Bashir when he attended the League of Arab States’ Summit in Jordan on March 29, 2017.
Jordan filed an appeal after the court’s Pre-Trial Chamber decided to refer its non-cooperation to the ASP and UNSC.
Jordan is one of a number of countries accused of failing to arrest al-Bashir despite the arrest warrants. Some of the others include South Africa, Saudi Arabia and Kenya.