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Al Bashir case: ICC Appeals Chamber invites observations from International Organisations

Al Bashir case: ICC Appeals Chamber invites observations from International Organisations, States Parties and Professors of International Law on legal matters raised by Jordan

Today, 29 March 2018, the Appeals Chamber of the International Criminal Court (“ICC” or “Court”) issued an order, inviting the United Nations, the African Union, the European Union, the League of Arab States and the Organization of American States to submit observations by 16 July 2018 on the legal questions raised by Hashemite Kingdom of Jordan in its appeal pending before the Appeals Chamber. Similarly, the Appeals Chamber also invited States parties to the ICC Rome Statute and Professors of International Law to express their interest in submitting observations by first requesting leave to submit said observations by no later than 30 April 2018.

In issuing the decision, the Appeals Chamber noted that the legal matters raised by the appeal of the Hashemite Kingdom of Jordan against Pre-Trial Chamber II’s decision of 11 December 2017 in the Al Bashir case may have implications beyond that case.

The appeal arose from the decision of ICC Pre-Trial Chamber II, which found that the Hashemite Kingdom of Jordan, a State Party to the ICC Rome Statute since 2002, failed to comply with its obligations under the Statute by not executing the Court’s request for the arrest of Omar Al-Bashir and his surrender to the Court while he was on Jordanian territory attending the League of Arab States’ Summit on 29 March 2017. The Pre-Trial Chamber decided to refer the matter of Jordan’s non-compliance to the Assembly of States Parties and the United Nations Security Council. On 12 March 2018, Jordan appealed this decision.

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