Article 86 Of The Rome Statute

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to the ICC as stated in article 89 of the Rome statute. Arrest warrants are issued by judges upon request by the prosecutor of the ICC.Only after the verification of evidence that confirms reasonable grounds to believe the person sought committed the given crime under the jurisdiction of the court .Arrest warrants are not issued when suspect as voluntary appears in court .Article 86 of the Rome statute requires the member states to the Rome statute to cooperate with the court.
On 14 October 2011 President Bashir visited Malawi in order to attend the Common Market for Eastern and Southern Africa Summit but Malawi authorities did not arrest him
In response to the pretrial chamber to arrest Al bashir.Malawi confirmed that President Bashir …show more content…

In the decision the chamber noted that Chad had an obligation to cooperate which arose from United NationsSecurity Council Resolution. 1593 of 2005 and article 87 of the Rome Statute and referred the matter to the United Nations security council and the assembly of the state parties requesting both organizations to take any action they deem appropriate . On its part the AU responded to the decisions against the two countries by stating that they had the effect of rendering Article 98 of the Rome Statute redundant non-operational and meaningless. According to this argument article 98 was included in the Rome Statute following the recognition that article 27 was not capable of removing immunities of non-parties states which are bestowed by customary international law .The AU also regretted the fact that in the decisions. The Pretrial chamber had completely disregarded the obligation of Chad and Malawi, arising from the AU Constitutive Act, to comply with the decisions of the Union .The AU stated further that it would be wrong to seek to coerce them Malawi and Chad to violate or disregard their obligations to the African Union Finally the AU said it shall oppose any ill-considered self-serving decisions of the ICC.
Lack of participation by the Security Council members
The lack of participation by the Security Council members has greatly reduced the powers of the ICC .The united states of America. In 2000 America signed the Rome statute

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