Get more Mail & Guardian
Subscribe or Login

Omar al-Bashir address to bring unease to UN general assembly

Sudanese President Omar al-Bashir will set an uncomfortable precedent when he speaks before the United Nations general assembly (UNGA).  

He would be the first head of state to address the annual UN gathering of world leaders while facing international war crimes and genocide charges, if he shows up as scheduled.

Al-Bashir is facing two International Criminal Court(ICC)  indictments for crimes linked to the conflict in the western Darfur region of Sudan, where an estimated 300 000 people have died since 2003. 

He has applied for a US visa to come to the UN General Assembly, and is scheduled to speak next Thursday afternoon.

The US government has made it clear it does not want al-Bashir to show up in New York.

"Such a trip would be deplorable, cynical and hugely inappropriate," said the US ambassador to the United Nations, Samantha Power.

But under a US treaty with the UN dating to 1947, Washington is obligated to issue the visa as the world body's host country. The United States has never banned a visiting head of state who wants to speak to the United Nations.

Possible arrest?

State Department deputy spokeswoman Marie Harf sidestepped a question about whether al-Bashir could be arrested if he comes to the US. 

"There are a variety of considerations in play with respect to President Bashir's visa request, including the outstanding warrant for his arrest," Harf said Friday. "But we're not going to sort through these considerations publicly. We're going to continue to do so privately and deliberately."

Sudan's Foreign Ministry has said the United States is "not qualified … to offer sermons and advice" on international law and human rights and called on Washington to swiftly grant al-Bashir's visa.

UN Secretary General Ban Ki-Moon joined the US in reiterating that al-Bashir is wanted for genocide and war crimes and should cooperate with the ICC.

Angry Protests and legal jeopardy

Elise Keppler, a Sudan expert with Human Rights Watch, said al-Bashir would be met in New York with angry protests from demonstrators, and could be putting himself in legal jeopardy.

"They key here is that this is an unprecedented situation," she said. "There hasn't been clear legal ruling on this set of circumstances."

The United States has declined to sign onto the Rome Statute treaty establishing the International Criminal Court, fearing that US citizens – particularly members of the military involved in global conflicts -could be indicted by other countries for war crimes.

But "other commitments that the US has signed for justice for these kinds of crimes are important," Keppler said.

"You also have the Genocide Convention that talks about the need to punish those who commit genocide," she said. The United States has ratified that treaty, with the restriction that it will not allow the trial of U.S. citizens for genocide without its consent.

If al-Bashir arrives in New York, Keppler said various civil rights and human rights groups could seek to charge him with torture or genocide under U.S. domestic law. 

Human Rights lawyers have over the past 20 years uses the Alien Tort Act to file civil suits by Americans or foreigners against foreign nationals who come to the United States after committing human rights abuses abroad.

Al-Bashir's motives for coming to the General Assembly, where he will be shunned by most other world leaders, are unclear.

But he has tested the limits of travel under the ICC indictment before, attending an African Union summit in Nigeria in July.

He swiftly returned home after protests against his visit broke out and lawsuits were filed.&andash;Sapa-AP

Subscribe to the M&G

Thanks for enjoying the Mail & Guardian, we’re proud of our 36 year history, throughout which we have delivered to readers the most important, unbiased stories in South Africa. Good journalism costs, though, and right from our very first edition we’ve relied on reader subscriptions to protect our independence.

Digital subscribers get access to all of our award-winning journalism, including premium features, as well as exclusive events, newsletters, webinars and the cryptic crossword. Click here to find out how to join them.

Sapa Ap
Guest Author

Related stories


If you’re reading this, you clearly have great taste

If you haven’t already, you can subscribe to the Mail & Guardian for less than the cost of a cup of coffee a week, and get more great reads.

Already a subscriber? Sign in here


Subscribers only

Micro-hydropower lights up an Eastern Cape village

There is hidden potential for small hydropower plants in South Africa

MK committee to look into Gupta influence in military veteran’s...

Party insiders say a report on the Guptas’ association with leaders of the Umkhonto weSizwe Military Veterans’ Association will help rid the structure of Jacob Zuma’s most loyal allies

More top stories

‘Vaccinate inmates to avoid crisis’

Delaying the vaccination of prisoners could lead to a public health disaster

Naspers and Prosus in share swap Catch-22

Asset managers are concerned about the share exchange but others welcome it because Naspers has dominated the JSE

As South Africa’s Covid infections surge, the number of jabs...

Hospitals are under strain, nurses are burning out and infections are on the rise, but there are limited Covid-19 vaccine doses available

SAA: PIC allegations are Harith’s albatross

Sipho Makhubela assures that the private equity firm has what it takes to raise the capital to get SAA flying again

press releases

Loading latest Press Releases…