Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

103. To ask the Minister for Foreign Affairs and Trade if he is aware that the Sudanese President, Mr. Omar Al-Bashir, who has an International Criminal Court warrant for his arrest over alleged war crimes, travelled to and from an African Union summit in South Africa unimpeded; his views on whether the International Criminal Court's legitimacy is in crisis after this event; and if he will make a statement on the matter. [28359/15]

Charles Flanagan (Laois-Offaly, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The President of the Republic of Sudan, Mr Al Bashir, travelled to South Africa, to participate in the 25th Summit of the African Union, on 13 June 2015 and left on 15 June.

There are two International Criminal Court arrest warrants outstanding in relation to President Al Bashir. He is sought by the ICC in relation to a number of charges, including charges of genocide, war crimes and crimes against humanity. These charges arise out of an investigation conducted by the ICC Prosecutor in relation to a protracted conflict that existed in Darfur since 1 July 2002. The situation in Darfur, since 1 July 2002, was referred to the ICC by the UN Security Council in Resolution 1593 on 31 March 2005, using its authority under the Rome Statute establishing the International Criminal Court.

Full co-operation with the ICC is a pre-requisite for its effective functioning. Any State Party to the Rome Statute has an obligation to arrest and surrender to the ICC any ICC indictee present on its territory. On 13 June 2015, in the context of President Al Bashir's proposed attendance at the AU Summit in South Africa, the ICC Pre Trial Chamber issued a decision, following the ICC Prosecutor's request for an order further clarifying that the Republic of South Africa is under an obligation to arrest and surrender Al Bashir, which confirmed this obligation.

It is Ireland's established position, together with the EU and its Member States, that States Parties to the Rome Statute are obliged to execute ICC arrest warrants. Ireland expected South Africa to fulfil its commitments in this regard and is disappointed that it did not do so.

The legitimacy of the ICC is not in question. The Rome Statute has 123 States Parties. It is the first permanent international criminal judicial body. Ireland views the ICC as a vital element of the international criminal justice system. It represents a collective effort to end a culture of impunity for crimes which the international community regard as the most serious of all. The Court has faced many challenges since its establishment. The cases before the Court arise from complex and challenging situations. Nevertheless, with the continued support of States Parties, Ireland fully expects the Court to continue to fulfil its role in preventing impunity for the perpetrators of crimes against humanity, war crimes and genocide.