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ICC judges asks Malawi to explain Bashir issue

By Thom Chiumia, Nyasa Times

October 20, 2011   ·   48 Comments

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The International Criminal Court has demanded Malawi to explain its failure to arrest and surrender to the court, genocide suspect Omar al-Bashir President of Sudan who visited the country recently.

Judges at the Hague-based war crimes court has since warmed that the matter would be referred to the United Nations Security Council.

According to a media statement issued by ICC obtained by Nyasa Times, the judges requested Malawi through its embassy in Brussels to submit before November 11 “any observations with regard to the alleged failure by the Republic of Malawi to comply with the cooperation requests issued by the Court for the arrest and surrender of Bashir.”

Mutharika: Why Hague

The court said it deployed a diplomatic note to the Malawi embassy in Brussels reminding Malawi of its obligation to arrest Bashir, who is the first sitting head of state to be indicted by ICC.

Malawi, an ICC member, is yet to reply to the note.

But the Bingu wa Mutharika administration said it could not arrest Bashir when he came to Lilongwe to attend Common Market for Eastern and Southern Africa summit because of what deputy minister of foreign affairs, Kondwani Nankhumwa said were “brotherly coexistence” between member states of the regional trade block.

Malawi accorded Bashir, a close ally of Mutharika, the protocol of a head of state and was given full military honours.

The Bashir visit to Malawi has also put the nation on the spotlight again with a U.S. congressman demanding that Malawi should not be receiving American aid after it allowed the international fugitive to visit the country.

Republican Frank Wolf of Virginia called on the Obama administration to take immediate action against the Malawi government and drop the country on Millennium Challenge Account.

Mutharika is a known critic of ICC and when he was chairman of African Union last year, he argued that African leaders should not be dragged to Hague for offences committed in Africa.

“Why on earth your leaders should be dragged to the Hague when your judges are right here,” he said.

African judges and the judicial system “would be seen to be admitting failure if they continue to allow its own leaders to appear before an international judiciary for offences committed on the African continent.”

Mutharika urged Africans to “stand up and be courageous to try our own leaders so that no African should be dragged to court outside our own judiciary system.”

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48 Responses to “ICC judges asks Malawi to explain Bashir issue”

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  1. Bravo Mbingu,better we try him in Africa

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  2. 47
    Nyani Wa Mkulu Says:

    I do agree with your comments here.We Africans should get rid of the white man syndrome.African leaders are the ones holding up our brighter future,let us also form United States of Africa,we will not need any conditional aid from a white man.They want to introduce their culture of same sex marriage in the name of human rights.

    This Occampo is a very useless lawyer I have ever seen in my life.He is just licking boots for a white man.Let them stop the aid altogether,after all their economy is also going through a rough patch.

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  3. 46
    President Peter Says:

    Bingu is also to be prosecuted by the same ICC. So he cannot take Bashir to ICC. Anyani sasekana zikundu. Koma Bingu palibe atazakuteteze popita ku Chichiri Prison for killing 20 people and reward the hooligans and toots, police.

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  4. 45
    Fm mwana Mmalawi Says:

    to hell with ICC, America and Britain, why should we arrest Bashir? iwowo sakudziwa kwawo kwa Bashir kumene angamupeze ndikumumanga akuopa chani?. Let them capture him themselves. Bingu ndipo usawayankhe ndi opusa kwambiri azungu amenewa amatitenga ngati ife zitsiru. tidzaonetsana ndikadzakhala President wa Malawi azunguwa adzandimva. bingu ndili pambuyo pako mu nthawi ino and will support u always. koma ndikadzakhala presdent i want you to be my special advisor chifukwa umandiwaza mfundo zako pa anapweriwa.

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  5. A Brave Nyanyaluwa at least Bush and Blair understood that they got mandate to govern the USA and UK respectively from the people of their countries.Of course they were quiet aware of the dangers of brutalizing their compatriots.If you are in good terms with the people under your authority no foreigner can find a loop hole to help bring you down.Dictators make a common mistake of losing touch with people who legitimize their premiership.Dictators therefore have no moral ground to accuse compatriots of betraying them.In the first place if they are true about their claims that Western powers are imposing their ways on Africa let them be the first to push an agenda to restore Traditional Leaders as ultimate Heads of our Society.The concept of Heads of State is Foreign they can be guaranteed about that.Dictators only make noise about Western Interference when they feel threatened that they will stand in their way to turn their compatriots into Slave-like creatures.
    I hope every Dictator reaps what he sows.

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  6. 43
    Mrs Joyce Mpinganjira Says:

    they should ask Sudan police why they have failed to arrest Bashir. Icc is not a govt. They should find their means to arrest africans while bushir and blair remain free. Remember weapons of mass destruction proved itself false and was the reason of entry into irag. Shoot the real oppressor.

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  7. 42
    Zenga Zenga Says:

    The idea of Western Countries is to
    RE-COLONIZE-AFRICA….Natural Resources
    aplenty of them.
    What is the idea of sending a suspect
    who is African to a EU ICC COURTS?
    Is Africa run by Whites?

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  8. 41
    the Terminator Says:

    Bravo Bingu for not arresting Bashir, after all he has travelled to alot of countries including South Africa but no arrest has been made, why Malawi? You shit ICC dont dictate us & if the west want to suspend aid to Africa let it be. US & Britain & France are the worst culprits – GOD will deal with your leaders soon! you have killed the brother leader in Libya and you still want to continue distabalizing our continet I BET YOU GET A LIFE!! kmzuwala@gmail.com – Chiputula

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