Using the Genocide Convention to Strengthen Cooperation with the ICC in the Al Bashir Case

Abstract:     
This article explores the options to use Article VI of the Genocide Convention as a further basis to obtain cooperation from states in the arrest and transfer of the Sudanese President Al Bashir. It proceeds on the assumption that a new arrest warrant including genocide charges will be issued within a short period of time by the International Criminal Court (ICC). It is argued that Article VI, interpreted in light of the object and purpose of the Genocide Convention, produces a strong obligation of result for both Sudan and other contracting parties to that Convention to arrest and surrender Al Bashir to the ICC. The use of the Genocide Convention as an additional basis for the obligation to cooperate offers significant advantages for the Court which is currently facing persistent refusal of legal assistance in the Darfur situation.

Accepted Paper Series