The President of the West African Bar Association and rights activist, Mr. Femi Falana, yesterday urged President Umaru Yar’Adua to arrest Sudanese President Omar al Bashir when he visits Nigeria.

In a letter he addressed to Yar’Adua, Falana urged the President to order al Bashir’s arrest immediately he steps into the country to attend the African Union Peace and Security Council meeting on Darfur scheduled to start in Abuja on Thursday.

President al Bashir is wanted by the International Criminal Court (ICC) on charges of war crimes and crimes against humanity.

An arrest warrant for him was issued by the ICC on March 4.

Falana said he was concerned about reports that Yar’Adua had allegedly given assurances that al Bashir would not be arrested in Nigeria.

"Any assurance by Nigeria not to arrest President al Bashir will amount to a grave breach of Nigeria’s international legal obligations, including under the Rome Statute of the International Criminal Court and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment," Falana said.

He said Nigeria had a responsibility to cooperate with the ICC in its investigation and prosecution of crimes within the court’s jurisdiction, and could not legally refuse to comply with ICC’s demand as contained in the warrant it issued without the risk of facing sanctions by the United Nations Security Council.

According to him, under Article 87 (7) of the Rome Statute, where a State Party fails to comply with a request to cooperate by the ICC, it may refer the matter to the Security Council.

"Furthermore, as the Chairman of the Economic Community Of West African States (ECOWAS), a body which recently endorsed the position of the ICC with respect to Guinea, Nigeria is compelled to ensure consistency in its support and cooperation with the ICC by ensuring that President al Bashir is arrested and surrendered to the ICC to face the charges of crimes against humanity and war crimes against him," Falana said.

He added that while the scope of immunity continues to evolve, customary international law permits international criminal tribunals, of which the ICC is an example, to indict serving heads of state.

Besides, a progressive interpretation of international law in accordance with the fundamental principle of human dignity suggests that the position of any accused as head of state does not relieve that person of criminal responsibility nor does it mitigate punishment, Falana said.

The lawyer said Nigeria will not breach any international law by arresting and surrendering him to the ICC. In any event, any immunity that may be enjoyed by sitting Heads of State is only limited to national courts, and not international court like the ICC. This position is fully supported by Article 27 of the Rome Statute of the ICC.

"Applying any outdated principle of international law to claim immunity for al Bashir in the face of the grave allegations against him will present him with a blanket reprieve and impunity for acts he is alleged to have committed against the very core of humanity," he added.

Falana recalled that former Liberian President, Charles Taylor was arrested and handed over to the Special Court for Sierra Leone by Nigeria pursuant to the warrant for his arrest which was issued while he was in power.

"I hope you will use your good offices and position to prevail on the government to act in accordance with its international legal obligations and commitments by arresting and surrendering President al Bashir to the ICC for prosecution," Falana said.

http://thenationonlineng.net/web2/articles/23348/1/Falana-urges-YarAdua-to-arrest-Sudanese-President-al-Bashir/Page1.html

I have just concluded a blog on the ICC,Karadzic trial and Omar al- Basir on my blog(http://worldoutlook101..com/) quite oblivious of the fact that the man is coming to Nigeria tommorrow.Until I stumbled on the Nation on-line news which I have posted above.I wonder if Yardua can is capable of doing this .Will his recent actions of threathen to shut down AIT and not entertaining criticism? I am compiling my own video on why he should resign he should go and shut down Youtube because it will soon go on air.

It may not be in the best interest of Nigeria to arrest or allow Al Bashir to be arrested on Nigerian soil. The ICC can use its powers to arrest him in Sudan

Exactly! Why should it be nigeria dat will arrest him?
Must yaradua be used as scape goat?
Why cant america go and invade sudan, as they did for iraq, and arrest him?