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International Journal of Political Science and Development

Vol. 4(4), pp. 119Ė133, April, 2016. 

DOI: 10.14662/IJPSD2016.023

ISSN: 2360-784X

 

 

Research Paper

 

 

The International Criminal Court-African Union Contestation on President Al Bashir Case

 

Tegegne Edemealem Mekuriyaw

 

Debre Markos University, College of Social Sciences, Department of Civics and Ethical Studies, Debre Markos. Email:edmexlibanon@gmail.com

 

Accepted 18 May 2016

Abstract

 

The title of the study was the International Criminal Court-African Union contestation on President Al Bashir case. The International Criminal Court and African Union had good relations in most international criminal cases in Africa. However, the International Criminal Court-African Union relations relapsed following the International Criminal Courtís arrest warrant on Al Bashir. The focus of the study was to analyze and interpret the International Criminal Court-African Union contestation in Al Bashir case. The International Criminal Court brought various evidences that made Al Bashir as the major responsible person for the Darfur crisis; and it issued arrest warrants against Al Bashir in 2009 and 2010. The African Union opposed the International Criminal Courtís arrest warrant by claiming that the arrest warrant may lead to the deterioration of the peace process in Sudan and violates the International Customary Law such as immunity of heads of states. The study argued that the International Criminal Court had become unsuccessful to prosecute Al Bashir because the African Union had strongly opposed the International Criminal Courtís arrest warrant on Al Bashir, and the enforcement of the International Criminal Courtís decisions were mostly dependent on the cooperation of states and regional organizations like the African Union. As a result, Omar Al Bashir had travelled to many states, including to the states parties to the International Criminal Court and no country was willing to arrest and surrender him to the International Criminal Court.  The study employed qualitative approach and it highly used secondary sources of data and some primary data. The data was collected through document analysis and key informant interview. The African Union put various reasons and called its member states not to arrest Al Bashir. Contrarily, the International Criminal Court refused the African Union's reasons and called its states parties to arrest President Al Bashir. Consequently, their relations had been worse.

 

Keywords: International Criminal Court, African Union, Al Bashir, Arrest Warrant, Contestation

 

Cite This Article As: Mekuriyaw TE (2016). The International Criminal Court-African Union Contestation on President Al Bashir Case. Inter. J. Polit. Sci. Develop. 4(4): 119-133


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