Should States Parties to the Rome Statute of the ICC arrest Bashir if he enters their territory?
If Bashir enters their territory as a sitting head of state, States Parties may have varied legal interpretations on the relative weight of Bashir’s immunity from arrest as a sitting head of state under customary international law versus their obligations to the Court’s work under the Rome Statute. To avoid this possible conflict, neither States Parties to the ICC nor Non-States Parties should allow al-Bashir to enter their territory.
