n Malawi Law Journal - Along came Omar Al Bashir to Malawi : international criminal law and the immunity of heads of state

Volume 5, Issue 2
  • ISSN : 1996-7675



This article explores the international law implications for Malawi of the visit to the country by the Sudanese President Hassan Omar Al Bashir to attend a summit of the Common Market for Eastern and Southern Africa held in Malawi in October 2011. At the time Al Bashir was a subject of two warrants of arrest issued by the International Criminal Court. The central question considered is whether Malawi had the obligation to arrest and surrender Al Bashir to the International Criminal Court. Answering this question will entail a critical analysis of the nature of the obligations that Malawi undertook by signing and ratifying the Rome Statute of the International Criminal Court and of the official justification that Malawi provided for failing to execute the warrants of arrest.

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