The United States has been invited to place indicted Sudanese President Omar al-Bashir should he decide to visit New York City.
Earlier today, a panel of International Criminal Court judges issued its Decision Regarding Omar Al-Bashir’s Potential Travel to the United States of America, in response to a request from the ICC Office of the Prosecutor. The decision concedes that as a nonparty to the ICC, the United States has no treaty-based obligation to arrest Bashir should he attend the U.N. General Assembly session, as he has said he wishes to do. (My prior post here; Mark Kersten’s policy analysis here.) Pre-Trial Chamber II (the same panel that excused Nigeria in the decision discussed here) nevertheless:
‘a) Reminds the United States of America of the two outstanding warrants of arrest issued against Omar Hassan Ahmad Al Bashir and the requests for arrest and surrender transmitted by the Registry on 6 March 2009 and 21 July 2010;
‘b) Invites the competent authorities of the United States of America to arrest Omar Hassan Ahmad Al Bashir and surrender him to the Court, in the event he enters their territory.’
The decision puts the ball in another court, that of the United States.