Michael de Laine

MSF seriously concerned for the people of Darfur left without healthcare after ICC issues arrest warrant for Sudan’s President

By Michael de Laine, Copenhagen, 4 March 2009

The ICC has at long last issued an arrest warrant for Sudanese President al Bashir, but Sudan’s response - telling MSF that it must remove all international staff from a number of projects in West and South Darfur – leaves Darfur’s people without medical aid.

The International Criminal Court (ICC) has issued an arrest warrant for Sudanese President Omar al Bashir. The warrant details charges of crimes against humanity and war crimes, committed during the conflict in Darfur.

According to human rights NGO Amnesty International, the arrest warrant is an unprecedented move in the history of a conflict that, since it started in 2003, has seen more than 300,000 killed, thousands raped, and millions forcibly displaced.

The decision, reached by the Pre-Trial Chamber of the ICC, was announced during a press conference held at the Court’s seat in The Hague today.

President al Bashir has been urged to surrender himself immediately to face trial.

“The law is clear: President al Bashir must appear before the ICC to defend himself,” said Irene Khan, Amnesty International’s Secretary General. “If he refuses to do so, the Sudanese authorities must ensure that he is arrested and surrendered immediately to the ICC.”

The application for an arrest warrant against President al Bashir was made by the ICC Prosecutor Luis Moreno-Ocampo on 14 July 2008. It followed an investigation into the situation in Darfur, opened by the ICC Prosecutor on 1 June 2005.

“This announcement is an important signal – both for Darfur and the rest of the world – that suspected human rights violators will face trial, no matter how powerful they are,” Khan added.

Sudan’s constitution currently affords its head of state immunity from criminal prosecution while in office. However, no international instrument has ever recognized any immunity for genocide, crimes against humanity or war crimes.

Sudanese authorities have a legal obligation to arrest anyone named in an ICC arrest warrant under Security Council Resolution 1593 (2005), which requires Sudan to cooperate with the ICC.

Amnesty International said that, should President al Bashir leave Sudan, the government of any country in which he finds himself has an obligation to deny him safe haven by arresting him immediately as a fugitive from justice and surrendering him to the ICC.

“No one is above the law,” Khan said. “If you are charged with a crime, you must stand up and face those charges in a court of law. President al Bashir will have the opportunity to do this before the International Criminal Court.”

Amnesty International is also campaigning for other arrest warrants issued by the ICC related to the human rights crisis in Darfur to be executed. The organization is calling for the arrest and surrender to the Court of Sudanese government minister Ahmad Harun and Janjawid militia leader Ali Kushayb.

Both are suspected of war crimes and crimes against humanity committed in Darfur. The ICC issued arrest warrants against them in April 2007.

The Sudanese government has told Doctors Without Borders/Médecins Sans Frontières (MSF) that the medical care NGO must remove all international staff from a number of projects in West and South Darfur by 4 March 2009.

The projects, located in Zalingei, Niertiti, Muhajariya, and Kalma, provide medical care and humanitarian relief to displaced and resident populations.

The explanation given by the government is that it cannot assure the security of MSF international staff in view of the announcement of the International Criminal Court (ICC) ruling regarding Sudan’s President. 


As a result of the removal of MSF staff, people will be rendered even more vulnerable. In some locations, where MSF is the sole medical provider, they will have no access to healthcare at all.

This has already resulted in the cessation of MSF activities in Muhajariya, including the closure of the hospital, a location where MSF was only recently able to return following weeks of fighting early this year.

In Niertiti, MSF will be forced to stop medical services due to the departure of all medical personnel as a result of this order. This comes at a time when meningitis cases have been confirmed in Niertiti and Kalma camp, temporary home to 90,000 internally displaced persons.


MSF reiterated that it is completely independent of the ICC. It does not cooperate or provide any information to it.

“It is critical that humanitarian aid remains independent and impartial, to ensure that essential medical aid reaches those who need it,” MSF said.

MSF called on all parties to the conflict to respect and facilitate our work, and to ensure the swift return and safe presence of our international staff.

“Today the ICC has issued an arrest warrant against Sudan’s president Bashir based on accusations of crimes against humanity and war crimes,” Danish Minister of Foreign Affairs Per Stig Møller said. “Denmark has consistently demanded that those responsible for serious and ongoing atrocities against civilians in Darfur should be held responsible for their actions.

“As a member of the UN Security Council in 2005, Denmark was among those states that referred the Darfur situation to the International Criminal Court. The binding international Security Council resolution established that Sudan is obliged to cooperate with the Court. We expect that Sudan complies with this obligation.”

The minister said the ICC is an independent institution and it is for the ICC to assess whether the evidence presented should lead to criminal responsibility.

“I wish to emphasize that it is important to make sure that the peace processes in Sudan continue,” Møller added. “In particular, this means the implementation of the comprehensive peace agreement as well as renewed efforts to reach a Darfur peace agreement under the auspices of the chief negotiator Bassolé, assigned by the UN and the African Union.”