/ \ PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

Similar documents
PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

/ ^, a I PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

^o^ ^ ^ ^ PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

PRE-TRIAL CHAMBER II. SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR. Public Document

PRE-TRIAL CHAMBER II. Judge Cuno Tarfusser, Presiding Judge. SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR

PRE-TRIAL CHAMBER II SITUATION IN DARFUR, SUDAN IN THE CASE OF. The Prosecutor v Omar Hassan Ahmad AL BASHIR ( Omar Al Bashir )

PRE-TRIAL CHAMBER I SITUATION IN LIBYA. IN THE CASE OF THE PROSECUTOR v. SAIFAL-ISLAM GADDAFI and ABDULLAH AL-SENUSSI. Public

Original: English Date: 26 October 2015 PRE-TRIAL CHAMBER II SITUATION IN DARFUR, SUDAN

PRE-TRIAL CHAMBER II SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL-BASHIR. Public

PRE-TRIAL CHAMBER I. Judge Sylvia Steiner, Presiding Judge Judge Sanji Mmasenono Monageng Judge Cuno Tarfusser

PRE-TRIAL CHAMBER I. Judge Sanji Mmasenono Monageng, Single Judge SITUATION IN DARFUR, SUDAN

PRE-TRIAL CHAMBER II. SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR. Public

PRE-TRIAL CHAMBER III. Judge Silvia Fernandez de Gurmendi, Single Judge

PRE-TRIAL CHAMBER III. Judge Antoine Kesia-Mbe Mindua, Presiding Judge Judge Chang-ho Chung Judge Raul C. Pangalangan

PRE-TRIAL CHAMBER I. Judge Silvia Fernandez de Gurmendi, Presiding Judge Judge Hans-Peter Kaul Judge Christine Van den Wyngaert

r r ;J - PRE-TRIAL CHAMBER II Judge CunoTarfusser, Presiding Judge Judge Marc Perrin de Brichambaut Judge Chang-ho Chung SITUATION IN DARFUR, SUDAN

PRE-TRIAL CHAMBER II SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR V. BOSCO NTAGANDA. Public

PRE-TRIAL CHAMBER III. SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR v. JEAN-PIERRE BEMBA GOMBO.

TRIAL CHAMBER IX SITUATION IN UGANDA. IN THE CASE OF THE PROSECUTOR v. DOMINIC ONGWEN

Vf, ^^»rl^iip^ \f THE APPEALS CHAMBER

^Si._.,^äf^ PRE-TRIAL CHAMBER I. Judge Silvia Fernandez de Gurmendi, Single Judge

TRIAL CHAMBER III SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V. JEAN-PIERRE BEMBA GOMBO. Public

PRE-TRIAL CHAMBER I SITUATION IN THE REPUBLIC OF COTE D'IVOIRE IN THE CASE OF THE PROSECUTOR V. LAURENT GBAGBO. Public

imi PRE-TRIAL CHAMBER I Judge Silvia Fernandez de Gurmendi, Presiding Judge Judge Hans-Peter Kaul Judge Christine Van den Wyngaert

Date: 30 April 2018 THE APPEALS CHAMBER

PRE-TRIAL CHAMBER I. Judge Silvia Fernández de Gurmendi, Presiding Judge Judge Hans-Peter Kaul Judge Christine Van den Wyngaert SITUATION IN LIBYA

TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

TRIAL CHAMBER VIII. Judge Raul C. Pangalangan, Presiding Judge Judge Antoine Kesia-Mbe Mindua Judge Bertram Schmitt SITUATION IN THE REPUBLIC OF MALI

_In_t_e_r_n_a_t_io_n_a_l_e~ ~~~ ~ International

THE APPEALS CHAMBER SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL-BASHIR. Public Document

PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Single Judge

/\17\ PRE-TRIAL CHAMBER II. Judge Cuno Tarfusser, Presiding Judge Judge Marc Perrin de Brichambaut Judge Chang-ho Chung . SITUATION IN DARFUR, SUDAN

PRE-TRIAL CHAMBER III. Judge Silvia Fernandez de Gurmendi, Presiding Judge Judge Elizabeth Odio Benito Judge Adrian Fulford

PRE-TRIAL CHAMBER I SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR V. OMAR HASSAN AHMAD AL BASHIR ("Omar Al-Bashir") Public Document

TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

TRIAL CHAMBER I. Judge Geoffrey Henderson, Presiding Judge Judge Olga Herrera Carbuccia Judge Bertram Schmitt

C^^ %^^ Original: English No. ICC-01/04-01/07 OA 13 Date: 17 January 2013 THE APPEALS CHAMBER

PRE TRIAL CHAMBER III. Judge Fatoumata Dembele Diarra, Presiding Judge Judge Hans Peter Kaul Judge Ekaterina Trendafilova

PRE-TRIAL CHAMBER I. SITUATION IN THE DEMOCRATIC REPUBLIC OF CONGO IN THE CASE OF ÏHE PROSECUTOR v. BOSCO NTAGANDA. Under Seal

THE APPEALS CHAMBER SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL-BASHIR. Public Document

PRE-TRIAL CHAMBER I. Judge Silvia Fernández de Gurmendi, Presiding Judge Judge Ekaterina Trendafilova Judge Christine Van den Wyngaert

(m) Original: English No. ICC-02/05-03/09 OA 4 Date: 6 May 2013 THE APPEALS CHAMBER

Report of the Bureau on non-cooperation

.d! PRE-TRIAL CHAMBER I. Judge Sylvia Steiner, Presiding Judge Judge Sanji Mmasenono Monageng. Judge Cuno Tarfusser. SITUAnON IN DARFUR, SUDAN

THE APPEALS CHAMBER SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO. IN THE CASE OF THE PROSECUTOR v. MATHIEU NGUDJOLO CHUI.

TRIAL CHAMBER IX SITUATION IN UGANDA. IN THE CASE OF THE PROSECUTOR v. DOMINIC ONGWEN. Public

TRIAL CHAMBER III. Judge Sylvia Steiner, Presiding Judge Judge Joyce Aluoch Judge Kuniko Ozaki SITUATION IN THE CENTRAL AFRICAN REPUBLIC

APPEALS CHAMBER SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR Public

THE APPEALS CHAMBER SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR v.omar HASSAN AHMAD AL-BASHIR. Public Document

PRE-TRIAL CHAMBER I. Judge Sanji Mmasenono Monageng, Presiding Judge Judge Sylvia Steiner Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN

Original: English No. ICC-02/05-03/09 OA 5 Date: 21 January 2015 THE APPEALS CHAMBER SITUATION IN DARFUR, SUDAN

>Si. f"^ Original: English No. ICC-01/11-01/11 OA 4 Date: 23 August 2013 THE APPEALS CHAMBER

Original: English No. ICC-01/09-01/11 OA 10 Date: 29 September 2015 THE APPEALS CHAMBER

MINORITY OPINION OF JUDGE MARC PERRIN DE BRICHAMBAUT. 1. I agree with the decision of the Chamber that: (1) Jordan has failed in its obligation

PRE-TRIAL CHAMBER II SITUATION IN THE CENTRAL AFRICAN REPUBLIC IN THE CASE OF THE PROSECUTOR V, JEAN-PIERRE BEMBA GOMBO.

PRE-TRIAL CHAMBER I. Judge Péter Kovács, Presiding Judge Judge Marc Perrin de Brichambaut Judge Reine Adélaïde Sophie Alapini-Gansou

PRE-TRIAL CHAMBER II. Judge Mauro Politi, Single Judge

TRIAL CHAMBER II. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. GERMAIN KATANGA AND MATHIEU NGUDJOLO CHUI

.if,^^\ ^s^ PRE-TRIAL CHAMBER I. Judge Sanji Mmasenono Monageng, Presiding Judge Judge Sylvia Steiner Judge Cuno Tarfusser

~~~~~~~~~-~ L;J?~~~~~~~~~-

PRE-TRIAL CHAMBER I SITUATION IN THE DEMOCRATIC REPUBLIC OF CONGO. IN THE CASE OF THE PROSECUTOR v. Germain Katanga and Mathieu Ngudjolo Chui

TRIAL CHAMBER III. Judge Sylvia Steiner, Presiding Judge Judge Joyce Aluoch Judge Kuniko Ozaki

TRIAL CHAMBER I SITUATION IN THE REPUBLIC OF CÔTE D'IVOIRE IN THE CASE OF. Public. Decision on the submission and admission of evidence

THE APPEALS CHAMBER SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO. IN THE CASE OF THE PROSECUTOR v.thomas LUBANGA DYILO.

Date: 15 June 2011 TRIAL CHAMBER II Before:Judge Bruno Cotte, Presiding Judge PRE TRIAL CHAMBER I

PRE-TRIAL CHAMBER I. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE Of THE PROSECUTOR v. Germain Katanga and Mathieu Ngudjolo Chui

TRIAL CHAMBER V(B) SITUATION IN THE REPUBLIC OF KENYA. IN THE CASE OF THE PROSECUTOR v. UHURU MUIGAI KENYATTA

i^\ % ^> ^...^ 'j^ TRIAL CHAMBER III Judge Sylvia Steiner, Presiding Judge Judge Joyce Aluoch Judge Kuniko Ozaki

TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NTAGANDA. Public

PRE-TRIAL CHAMBER I. Judge Silvia Fernández de Gurmendi, Presiding Judge Judge Hans-Peter Kaul Judge Christine Van den Wyngaert

THE APPEALS CHAMBER. SITUATION IN DARFUR, SUDAN THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR

PRE-TRIAL CHAMBER II SITUATION IN UGANDA. Public. Decision on legal representation of Victims a/0101/06 and a/0119/06

TRIAL CHAMBER III SITUATION IN THE CENTRAL AFRICAN REPUBLIC. IN THE CASE OF THE PROSECUTOR v. Jean Pierre Bemba Gombo

Judge Cuno Tarfusser, Presiding Judge Judge Sanji Mmasenono Monageng Judge Sylvia Steiner

TRIAL CHAMBER IX SITUATION IN UGANDA. IN THE CASE OF THE PROSECUTOR v. DOMINIC ONGWEN. Public

TRIAL CHAMBER V(A) SITUATION IN THE REPUBLIC OF KENYA. IN THE CASE OF THE PROSECUTOR v. WILLIAM SAMOEI RUTO and JOSHUA ARAP SANG.

TRIAL CHAMBER VI. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. BOSCO NT AG AND A. Public

THE APPEALS CHAMBER. Judge Akua Kuenyehia, Presiding Judge Judge Sang-Hyun Song Judge Sanji Mmasenono Monageng Judge Erkki Kourula Judge Anita Usacka

THE PRESIDENCY. Judge Chile Eboe-Osuji, President Judge Robert Fremr, First Vice-President Judge Marc Perrin de Brichambaut, Second Vice-President

THE PRESIDENCY. Judge Silvia Fernández de Gurmendi, President Judge Joyce Aluoch, First Vice-President Judge Christine Van Den Wyngaert

PRE-TRIAL CHAMBER II SITUATION IN THE CENTRAL AFRICAN REPUBLIC

APPEALS CHAMBER SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL-BASHIR. Public

PRE-TRIAL CHAMBER I. Judge Sanji Mmasenono Monageng, Single Judge SITUATION IN DARFUR, THE SUDAN

TRIAL CHAMBER V SITUATION IN THE REPUBLIC OF KENYA. IN THE CASE OF THE PROSECUTOR v. FRANCIS KIRIMI MUTHAURA AND UHURU MUIGAI KENYATTA.

TRIAL CHAMBER I. SITUATION IN THE REPUBLIC OF CÔTE D IVOIRE IN THE CASE OF THE PROSECUTOR v. LAURENT GBAGBO and CHARLES BLÉ GOUDÉ.

^^. ^ ^ THE APPEALS CHAMBER

Cour Pénale International. Criminal Court. Date: 3 February 2012 TRIAL CHAMBER III

:^i PRE-TRIAL CHAMBER I. SITUATION IN THE REPUBLIC OF COTE D'lVOIRE IN THE CASE OF THE PROSECUTOR V. LAURENT GBAGBO.

TRIAL CHAMBER IX SITUATION IN UGANDA IN THE CASE OF PUBLIC

APPEALS CHAMBER SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL-BASHIR. Public

PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser

f^^l / ^1 % : ^ TRIAL CHAMBER III Judge Adrian Fulf ord. Presiding Judge Judge Elizabeth Odio Benito Judge Joyce Aluoch

TRIAL CHAMBER III. Judge Sylvia Steiner, Presiding Judge Judge Joyce Aluoch Judge Kuniko Ozaki

PRE-TRIAL CHAMBER I SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF. THE PROSECUTOR v. Germain Katanga and Mathieu Ngudjolo Chui

TRIAL CHAMBER III. Judge Sylvia Steiner, Presiding Judge Judge Joyce Aluoch Judge Kuniko Ozaki

THE APPEALS CHAMBER SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL-BASHIR. Public document

PRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser

THE APPEALS CHAMBER. SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v. GERMAIN KATANGA. Public document URGENT

a m: /.VT-A\\ ^-zj Original: English No. ICC-01/04-01/10 OA 4 Date: 7 March 2012 THE APPEALS CHAMBER

Transcription:

ICC-02/05-01/09-169 18-11-2013 1/7 EK PT Cour Pénale Internationale / \ International Criminal Court Original: English No.: ICC-02/05-01/09 Date: 18 November 2013 PRE-TRIAL CHAMBER II Before: Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN THE PROSECUTOR V. OMAR HASSAN AHMAD AL BASHIR Public Urgent Decision Regarding Omar Al-Bashir's Potential Travel to the State of Kuwait No. ICC-02/05-01/09 1/7 18 November 2013

ICC-02/05-01/09-169 18-11-2013 2/7 EK PT Document to be notified, in accordance with regulation 31 of the Regulations of the Court, to: The Office of the Prosecutor Fatou Bensouda, Prosecutor James Stewart, Deputy Prosecutor Counsel for the Defence Legal Representatives of Victims Legal Representatives of Applicants Unrepresented Victims Unrepresented Applicants for Participation/Reparation The Office of Public Counsel for Victims The Office of Public Counsel for the Defence States Representatives Competent authorities of the State of Kuwait Amicus Curiae REGISTRY Registrar Herman von Hebel Victims and Witnesses Unit Deputy Registrar Didier Preira Detention Section Victims Participation and Reparations Section Others No. ICC-02/05-01/09 2/7 18 November 2013

ICC-02/05-01/09-169 18-11-2013 3/7 EK PT Pre-Trial Chamber II (the "Chamber") of the International Criminal Court (the "Court") renders this decision on the "Prosecution's urgent notification of travel in the case of The Prosecutor v Omar Al Bashir" (the "Prosecutor's Urgent Notification", or the "Urgent Notification").^ 1. On 31 March 2005, the Security Council (the "SC"), acting under Chapter VII of the Charter of the United Nations (the "UN"), adopted Resolution 1593 (2005) referring the situation in Darfur to the Court.^ 2. On 4 March 2009 and 12 July 2010, Pre-Trial Chamber I (the "PTC I"), formerly seized of the present case, issued two warrants of arrest against Omar Hassan Ahmad Al-Bashir ("Mr. Al-Bashir")^. These warrants of arrest remain to be executed. 3. On 6 March 2009 and 21 July 2010, acting upon PTC Ts request,^ the Registrar prepared and transmitted two requests for the arrest and surrender of Mr. Al-Bashir for the purposes of the execution of the two warrants of arrest.^ 4. On 15 March 2012, the Presidency issued the "Decision on the constitution of Pre-Trial Chambers and on the assignment of the Democratic Republic of the 1ICC-02/05-01/09-168 and its annex A. 2 S/RES/1593 (2005). 3 Pre-Trial Chamber I, "Warrant of Arrest for Omar Hassan Ahmad Al Bashir", 4 March 2009, ICC-02/05-01/09-1; Pre-Trial Chamber I, "Decision on the Prosecution's Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir", 4 March 2009, ICC-02/05-01/09-3; Pre-Trial Chamber I, "Second Warrant of Arrest for Omar Hassan Ahmad Al Bashir", 12 July 2010, ICC- 02/05-01/09-95; Pre-Trial Chamber I, "Second Decision on the Prosecution's Application for a Warrant of Arrest", 12 July 2010, ICC-02/05-01/09-94. 4 Pre-Trial Chamber I, "Decision on the Prosecution's Application for a Warrant of Arrest against Omar Hassan Ahmad Al Bashir", 4 March 2009, ICC-02/05-01/09-3, p. 93; Pre-Trial Chamber I, "Second Decision on the Prosecution's Application for a Warrant of Arrest", 12 July 2010, ICC- 02/05-01/09-94, p. 29. 5ICC-02/05-01/09-8; ICC-02/05-01/09-97. No. ICC-02/05-01/09 3/7 18 November 2013

ICC-02/05-01/09-169 18-11-2013 4/7 EK PT Congo, Darfur, Sudan and Côte dtvoire situations", in which it re-assigned, inter alia, the situation of Darfur, Sudan to this Chamber.^ 5. On 18 November 2013, the Chamber received the Prosecutor's Urgent Notification, in which she avers, on the basis of news reports,^ that Mr. Al-Bashir will travel to the State of Kuwait, to attend "a f our-way African summit on 18 and 19 November [2013] and the third Arab-African Summit",^ which will take place on 19 and 20 November 2013 in the same country.^ Consequently, the Prosecutor requests the Chamber to take steps "to ensure that the arrest warrants are executed" and in particular to (i) seek information from the relevant authorities of the State of Kuwait regarding said visit; (ii) remind those authorities of the existence of the warrants of arrest against Mr. Al-Bashir; (iii) remind those authorities of SC Resolution 1593 (2005); and (iv) consider informing the SC of the situation.^^ 6. The Chamber notes articles 86, 87(5), 89(1) and 92 of the Rome Statute (the "Statute"). 7. The Chamber highlights that only States Parties to the Statute are under an obligation to cooperate with the Court. Given that the Statute is an international treaty governed by the rules set out under the Vienna Convention on the Law of Treaties, it is only with the State's consent that the Statute can impose obligations on a non-state Party.^^ Thus, non-states Parties may decide to 6 Presidency, ICC-02/05-01/09-143. 7 ICC-02/05-01/09-168, Annex A. ^ ICC-02/05-01/09-168, p. 3. 9 ICC-02/05-01/09-168, pp. 3-4 ; ICC-02/05-01/09-168, Annex A. ^0 ICC-02/05-01/09-168, p. 5. ^^ UNTS, Vol. 1155, art. 34; See also Pre-Trial Chamber II, "Decision Regarding Omar Al-Bashir's Potential Travel to the Federal Republic of Ethiopia and the Kingdom of Saudi Arabia", 10 No. ICC-02/05-01/09 4/7 18 November 2013

ICC-02/05-01/09-169 18-11-2013 5/7 EK PT cooperate with the Court on an ad hoc basis, as foreseen in article 87(5)(a) of the Statute. This principle may be altered by the SC which may, by means of a resolution adopted under Chapter VII of the UN Charter, create an obligation to cooperate with the Court on those UN Member States which are not parties to the Statute. In such a case, the obligation to cooperate stems directly from the UN Charter. 8. Accordingly, the State of Kuwait, as non-state Party to the Statute, has no obligations vis-à-vis the Court arising from the Statute. In this regard, the Chamber recalls that the situation in Darfur was referred to the Court by way of SC Resolution 1593 (2005), which also recognizes that States not parties to the Statute (apart from Sudan) have no obligation under the Statute. However, SC Resolution 1593(2005) still "urge[d] all States and concerned regional and other international organizations to cooperate fully" with the Court (emphasis added).i2 9. In this context the Chamber wishes to point out that the Court has no enforcement mechanism and thus relies on the States' cooperation, without which it cannot fulfil its mandate and contribute to ending impunity. FOR THESE REASONS, THE CHAMBER HEREBY a) orders the Registrar to transmit to the State of Kuwait the requests for arrest and surrender issued by the Registry on 6 March 2009 and 21 July October 2013, ICC-02/05-01/09-164, para. 7;Pre-Trial Chamber I, "Decision on the request of the Defence of Abdullah Al-Senussi to make a finding of non-cooperation by the Islamic Republic of Mauritania and refer the matter to the Security Council", 28 August 2013, ICC-01/11-01/11-420, para. 12. 12 S/RES/1593 (2005). No. ICC-02/05-01/09 5/7 18 November 2013

ICC-02/05-01/09-169 18-11-2013 6/7 EK PT 2010; or in case of urgency, to request, in accordance with article 92 of the Statute, the provisional arrest of Omar Hassan Ahmad Al-Bashir; b) orders the Registrar to send a Note Verbale to the State of Kuwait, enquiring about said visit, reminding said State of the SC Resolution 1593(2005) and inviting it to cooperate with the Court in the arrest and surrender of Omar Hassan Ahmad Al-Bashir to the Court; c) orders the Registrar to notify the present decision, to the competent authorities of the State of Kuwait; d) orders the Registrar to prepare a report to be filed with the Chamber in due course concerning said visit; and e) invites the competent authorities of the State of Kuwait to arrest Omar Hassan Ahmad Al-Bashir and surrender him to the Court, in the event he enters its territory. No. ICC-02/05-01/09 6/7 18 November 2013

ICC-02/05-01/09-169 18-11-2013 7/7 EK PT Done in both English and French, the English version being authoritative. Judge Ekaterina Tr^daffïova Presiding Judge ^^ 3è^4^^ {U:^JMJ^ Judge Hans-Peter Kaul Judge Cuno Tarfusser Dated this Monday, 18 November 2013 At The Hague, The Netherlands No. ICC-02/05-01/09 7/7 18 November 2013