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Hague court 'expected' Nigeria to arrest Sudan's Bashir. It didn't.

Instead of arresting the Sudanese leader who faces 10 charges, including genocide and war crimes, Nigeria gave him the red carpet treatment. 

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Sunday Aghaeze/AP
President of Nigeria Goodluck Jonathan, left, and Sudanese President Omar al-Bashir, right, shake hands before an African Union summit on health focusing on HIV and AIDS in Abuja, Nigeria, Monday, July 15, 2013.

Nigeria was accused聽Tuesday聽of joining the ranks of African nations defying the International Criminal Court when it refused to detain Sudan鈥檚 president, Omar Al Bashir, during an official visit.

The ICC said it 鈥渆xpected鈥 and 鈥渞equested鈥 Nigeria to arrest Mr. Bashir during his time in the country for an African Union health summit. He faces ten charges including genocide at the world court.

Instead of detaining and surrendering him to the ICC, Nigeria鈥檚 government laid out a red carpet welcome with full military honors when he arrived late聽Sunday. He was then allowed to leave Nigeria聽Monday聽night.

This is in direct contravention of the Rome Statute, which governs the ICC鈥檚 workings and to which Nigeria is a signatory.

鈥淎ccordingly, it is under the obligation鈥o execute the pending Court鈥檚 decisions concerning the arrest and surrender of Omar Al Bashir,鈥 a three-judge panel at the ICC said in a memorandum marked 鈥渦rgent鈥 issued late聽Monday.

Bashir stands accused of ten counts of genocide, war crimes, and crimes against humanity linked to the violence in Sudan鈥檚 western Darfur province. He has ignored the two arrest warrants issued against him, in 2009 and 2010.

Reuben Abati, spokesman for Nigeria鈥檚 president, Goodluck Jonathan, said that Bashir was free to come and go because Nigeria respected an order from the African Union in 2009 that its members should ignore ICC arrest warrants.

The debacle illustrates again the relative powerlessness of the young world court, which has no police force to apprehend those persons it indicts, but must rely on signatory nations to deliver them for trial.

Nigeria鈥檚 refusal to arrest Bashir strengthens impunity for those accused of the world鈥檚 worst crimes, and is a slap in the face for those who continue to suffer the effects of war, the Nigerian Coalition for the ICC said in a statement.

鈥淭he victims of the conflict in Darfur have suffered without justice for more than a decade due in part to the reluctance of some ICC member states to abide by the arrest warrants for Bashir and other ICC suspects in Darfur,鈥 said Chinonye Obiagwu and Theodora Oby Nwankwo, the coalition鈥檚 directors.

鈥淚f Nigeria and other members of the ICC are committed to ending impunity in the world, they must not allow ICC arrest warrants to go unenforced, and at the very least must not accept visits from suspects like Bashir.

鈥漅ights activists including Mr. Obiagwu and Ms. Nwankwo filed a suit early聽Monday聽in the Federal High Court in Abuja, Nigeria鈥檚 capital, seeking the arrest of the Sudanese president.

Before the application could be heard, however, Bashir left. A diplomat at Sudan鈥檚 embassy in Abuja told The Associated Press that the president鈥檚 hasty departure had 鈥渘othing to do with鈥 the court application.

Several African nations 鈥 South Africa, Malawi, Uganda, Kenya, Zambia, and Central Africa Republic 鈥 have said that they would act on the international arrest warrant should the Sudanese president enter their territory.

In 2006, Nigeria itself arrested and handed over Charles Taylor, the former leader of Liberia, when he was in the country as a fugitive from the Special Court for Sierra Leone. Mr. Taylor has since been convicted and sentenced to 50 years imprisonment for war crimes.

But there are still many countries that would rather side with the African Union position of non-cooperation with the ICC, than carry out its orders.

Human Rights Watch said that Nigeria now had the 鈥渟hameful distinction鈥 of being the first country in West Africa to welcome Bashir.

Britain, one of Nigeria鈥檚 largest trading partners and a significant donor, said it was 鈥渄isappointed鈥 that the Sudanese president had been hosted in Abuja.

鈥淭his undermines the work of the ICC and sends the victims a dismaying message that the accountability they are waiting for will be delayed further,鈥 Mark Simmonds, Britain鈥檚 Secretary for Africa, said in a statement.

Bashir was indicted in 2009, the first sitting president the ICC鈥檚 prosecutors targeted.

He is among 30 people 鈥 all Africans 鈥 indicted by the world court, which is facing increasing pressure to widen its prosecutions beyond the continent.

William Ruto, Kenya鈥檚 deputy president, who faces charges linked to his alleged role in organizing election violence in his country in 2008, was told聽Monday聽that his case must go ahead at The Hague, where the ICC is located.

Judges ruled against Mr. Ruto鈥檚 request to transfer part of the hearings to Kenya or neighboring Tanzania. Several witnesses against Ruto have disappeared, Fatou Bensouda, the ICC鈥檚 chief prosecutor, said in court聽Monday.

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