
The possible participation by Sudanese President Omar Hassan al-Bashir, accused of war crimes, to the UN General Assembly (UNGA) next week has triggered outrage among human rights activists. Bashir will need US visa to visit New York. In two arrest warrants issued on March 6, 2009 and July 21, 2010, the International Criminal Court (ICC) in The Hague transmitted requests for al-Bashir’s arrest or surrender. - Between law and UN protocol According to credible reports, President of Sudan al-Bashir has already applied for a visa to attend the 68th session of the General Assembly that begins next Tuesday. In keeping with a long serving and globally accepted international diplomatic protocol, the United States is obliged to issue a visa to a visiting head of government or a visiting delegation. The US - UN headquarters agreement calls for the facilitation of delegates' participation in the work of UN General Assembly or any other UN meetings in New York. The 1947 UN Headquarters Agreement requires the United States government to cooperate for the attendance of representatives from all governments at official UN gatherings. An official UN list of speakers available to AA shows Sudan will be represented at the foreign minister level. President al-Bashir is not on the official list released by the United Nations, but in accordance with established practice the list of speakers could be changed up to the very last moment if there is a legitimate request to reflect any changes. - UN says it is up to the United States Associate Spokesperson for the United Nations, Farhan Haq, told AA it is the matter that is already being discussed bilaterally by the governments of United States and Sudan. “The question of granting President Bashir visa to the US is first and foremost a matter for the US to determine as it is consistent with the applicable rules of international law,” Haq told AA. “At the same time,” he added “the President Bashir is subject to an arrest warrant issued by ICC,” Haq said. “The Secretary General Ban Ki-moon will therefore urge President Bashir to fully cooperate with the International Criminal Court consistent with the Security Council resolution 1593, by surrendering himself to the ICC,” the UN associate spokesperson told AA. In response to a 2005 report of the UN Commission of inquiry on Darfur, The UN Security Council adopted resolution 1593 requesting the ICC prosecutor to investigate and prosecute those responsible for the crimes committed in Darfur.
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