PGA welcomes reports of the arrest of senior members of the regime of former Sudanese president Omar al-Bashir, who stands accused of the international crimes of genocide, crimes against humanity, and war crimes against the civilian population of Darfur before the International Criminal Court (ICC). Members of the military associated with the former President and his political party appear to have been part of a conspiracy that, on 11 July 2019, was designed to topple the transitional authority overseeing Sudan’s political transformation into a law-abiding State founded on the Rule of Law and human rights. Negotiations between the leaders of the Transitional Military Council and representatives of civil society are ongoing to make such institutional transformation possible.
PGA has repeatedly called for the immediate arrest and surrender of Mr. al-Bashir and his collaborators to the ICC, which has jurisdiction pursuant to United Nations Security Council Resolution 1593 (2005) whereby, using its authority under Chapter VII of the UN Charter, the Council referred the situation in Darfur since 1 July 2002 to the ICC.
PGA’s members across the world welcomed the stepping-down and house arrest of President al-Bashir imposed by Sudanese armed forces and instigated by the civilian opposition on 11 April 2019, which brought an end to a bloody and criminal 30-year regime. At this critical juncture for Sudan’s transition and future path, it is paramount that authorities bring those responsible for the atrocities of the Bashir government to justice. In its official statement of 11 April 2019, PGA enumerated six urgent and essential measures that must be taken by the transitional government and all relevant parties to restore the Rule of Law and allow for the reconstruction of democracy in Sudan. Pivotal among these is that Mr. al-Bashir and all other individuals charged with genocide, crimes against humanity or war crimes in Darfur be surrendered immediately to the ICC in The Hague.
By referring the situation to the ICC, the Security Council recognized that ending impunity in Sudan would be an essential precondition to the restoration and maintenance of international peace and security as envisioned in Chapter VII of the UN Charter. The arrest of key officials close to al-Bashir presents an opportunity to end the impunity that has prevented justice for the victims of atrocity crimes. However, arrests and detainment of former members of the al-Bashir regime must be driven not by political motivations but by the genuine intent to end impunity and bring perpetrators to justice for atrocity crimes in Sudan by transferring them to the ICC.
Only such a decisive and unambiguous step will signal that the time has finally come for justice for victims and demonstrate that there will no longer be safe haven for al-Bashir and his accomplices. The international community cannot remain silent as long as former President al-Bashir and his collaborators may walk free and continue to pose a threat to the stabilization and democratization process in Darfur, as attested by this week’s new wave of arrests in Khartoum.
