n Union referred to in
Gove rnmen t was faced with various resolutions of the Africa
with the ICC in that
paragraph 3 above , demanding that it refrained from cooperating
tackle impunity, including
respect. They aver that as civil society organizations working to
ICC , they demanded that
demanding the arrest and surren der of persons indicted by the
shir on both occasions,
the Nigerian Government arrest and surrender President AI-Ba
from the domestic court to
noting that in his 2013 visit, one of them sought a court order
, but the case was not
compel the Gove rnmen t to fulfill its treaty obligation in this regard
heard before President AI-Bashir left the territory of Nigeria.
II.
Issue s for deter minat ion by the Cour t
issues :
5. The Authors req uest the Court to give its opinion on the following
i.
Rome Statute of
Wheth er the treaty obligation of an African State Party to the
of that state to
the ICC to cooperate with the Court is superior to the obligation
ers with the
comp ly with AU resolutions calling for non-cooperation of its memb
ICC.
ii.
er all African
If the answ er to question (I) above is in the affirmative, wheth
all other legal
States Parties to the ICC have overriding legal obligation above
of the African
or diplomatic obligations arising from resolutions or decisions
he enters the
Union to arrest and surrender President Omar AI-Bashir any time
territory of any of the African States Parties to the ICC.
Ill.
PROCEDURE
28 March 2014.
6. The Request was received at the Registry of the Court on
tary of the African Commission
7. On 8 April 2014, the Registrar wrote to the Executive Secre
confirmation whether the
on Human and Peoples' Rights (the Commission) seeking
ined by the Commission .
subje ct matter of the Request was related to a matter being exam
4