Kampala — UGANDA has an obligation to arrest Sudanese President Omar el-Bashir when, or if, he comes later this month, the International Criminal Court (ICC) has said.
"Uganda has a legal obligation to arrest President Bashir when he comes to Uganda," ICC prosecutor Luis Moreno-Ocampo said while addressing journalists at the Uganda Media Centre in Kampala yesterday.
He was flanked by the state minister for international relations, Henry Okello Oryem. Uganda has invited Bashir to attend the SMART partnership business conference in Munyonyo at the end of this month.
"President Bashir can be here but he should know the obligation of Uganda is to arrest him. He should know that before he comes," Ocampo emphasised.
The ICC accuses Bashir of war crimes and crimes against humanity in Darfur.
So far Bashir has been visiting countries which are not members of the ICC, which are, therefore, not obliged to arrest him.
Meeting in Libya last week, the African Union agreed that African countries, which are members of the ICC, should not to cooperate in the arrest of Bashir.
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Uganda says it supported the resolution to allow the AU to independently investigate the charges against Bashir.
"It is a legal obligation not a political issue," Ocampo said in a reaction to the AU resolution.
The decision, Ocampo added, did not excuse Uganda from its legal obligations under the Rome Statute, which established the ICC.
Arresting Bashir, Ocampo insisted, was the responsibility of ICC member states should Bashir visit them.
Ocampo said when Bashir wanted to attend the swearing-in of President Jacob Zuma of South Africa, which is a member of the ICC, the host country asked him to send someone else otherwise he would be arrested on arrival. "It's a legal obligation to South Africa and similar to Uganda," Ocampo said.
Reacting to Ocampo's remarks, Oryem said Uganda was committed to its obligations under the Rome Statute. He said the warrant of arrest for Bashir was already with the office of the Solicitor General.
"If and when Bashir arrives in Uganda, it is up to (the Inspector General of Police, (General Kale) Kayihura, to take action," Oryem said.
He, however, added that until Bashir arrived, he could not tell whether he would be arrested or not.
He explained that Bashir was not a chicken thief you arrest in an un-ceremonial manner.
"Let's wait for Bashir to arrive here and we see which action will be taken against him by the government of Uganda," he added.
Commenting on the arrest warrant of Joseph Kony, the leader of the LRA rebels, Ocampo said efforts to this end had intensified.
He said he had asked MONUC, the UN peace-keepers in the DR Congo, to help arrest Kony. He said another reason for his visit to Uganda was to find out what else the ICC could do to speed up Kony's arrest. "If you arrest Kony, the group (LRA) will collapse," Ocampo remarked.
He said the rebels had taken advantage of the peace talks to "regain strength" but it was now possible to arrest Kony since all actors in the region had promised cooperation.
"It's important to put him on trial for the crimes he committed in northern Uganda for 22 years. It's time to stop him," Ocampo said.
"These massive atrocities are not about the local people, it is about humanity," Ocampo observed.
He commended the collaboration between Uganda and Congo in hunting down Kony who is also accused of war crimes and crimes against humanity.
Oryem said when Kony is arrested, he will be handed over to the ICC and not tried in Uganda. "Mat-oput (traditional justice) doesn't apply," Oryem said.
"There's an on-going operation to arrest Kony. Those actions continue and we are determined however long it takes."
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It will remain one of the most degrading things to the continent if President Bashir is trapped in Uganda by the same people who attended AU summit in Libya as opposed to AU resolutions in libya. what is the guiding spirit of the shameless and capitalist led ICC that has never turned in any prsesident outside our continent? Sierra Leone Charles Taylor's life has been on ICC's balance for years now. And the same oppressors continue to dangle murder tools over his head! I can only believe in ICC if it can expand its operative apparatus beyond African continent. I do not think that Ocampo is a suitable candidate to deliver lectures to us on issues that are political and some that are legal. This is because we know that human right issues which were violated in Iraq,Iran and those standards which were not met in Guantanamo are legal issue with merit, but never received any attention because violators are not from the continent of Africa. Why is it necessary for Oryem to mention that Uganda is committed to a statute that was drafted inside a room which its corridor Uganda was seated? But the AU libya summit in which Uganda was in the deliberation chamber was doomed to be of no effect? i do not think that President el Bashir is the best thing for Sudan but i know that ICC is not any solution to the Sudanese problems. So Oryem keep to the terms with AU and see your obligation towards AU resolution and not the so called Rome Statute that you were no where involved in its birth.
Let Uganda arrest this terror of our times! Bashir is a terrorist and he has even surpassed Hitler in his actions! The genocide in darfur must stop and this can only happen if Africa goes ahead in accord with the ICC and bring this monster to justice. chinedu, i see that you are ill-informed on international affairs and you shouldnt expose your ignorance in public! I am not surprised that you are one of those group of criminals in the nigerian government who fatten themselves from the coffers of the state, while thousands of children die each day from malaria which can be cured with just $1!
You are correct. Bashir should be arrested. He has allowed the murder, rape, maming, hunger to thrive in Sudan. He should be held accountable for these crimes. Africa
hi Rockyblack74, i agree with you that offenders will be brought to book and that leaders be held accountable especially in Africa. However, it must not be in any colonial arrangements! it is my considered view that you make efforts to support your arguments with reasons, atlest to lend some credence to your claims. And for your own honour, do not present yourself as one who is suffering with the disease of emotional imaturity. thank you for a balanced view you have on International Relations.
Bashir, Taylor, Kony are all criminals and what are africans doing to stop this madness? Nothing but stating what the west has done. Stop worring about the west and take care of these murdering dogs! They are a waste of humanity. Why are you protecting these animals with this talk. You have not said that they need to be dealt with unless you are of the same mindset as these madmen. My GOD save Africa from stupidity! Stop the blame game, it's really old.
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