United Nations A/RES/27/200

General Assembly Distr.: General

20 December 2023

Twenty-seventh session
Agenda item 2
Integrated and coordinated implementation of and follow-up to
the outcomes of the major United Nations conferences and summits
in the economic, social and related fields

Resolution adopted by the General Assembly

on 25 December 2023

[without reference to a Main Committee (A/27/L.29)]

27/200. Malawi’s Refusal to Arrest Omar Al Bashir

The General Assembly

Guided by the Charter of the United Nations

Reaffirming its strong commitment to the sovereignty,

independence, unity and territorial integrity of the Republic of
Malawi

Recognizing that the first purpose and principle of the UN to

maintain international peace and security, and to that end: to
take effective collective measures for the prevention and
removal of threats to the peace, and for the suppression of
acts of aggression or other breaches of the peace, and to bring
about by peaceful means, and in conformity with the principles
of justice and international law, adjustment or settlement of
international disputes or situations which
might lead to a breach of the peace1

Recognizing the purpose of the UN that all Members shall give

the United Nations every assistance in any action it takes in
accordance with the present Charter, and shall refrain from

1
Article 1(1) of the Charter of the United Nations and Statute of the International Court of Justice, 1945.
 giving assistance to any state against which the United Nations
is taking preventive or enforcement action2

Reaffirming that the ICC3 fills a major void in the international

criminal justice system by providing the first permanent forum
where those responsible for the commission of international
crimes can be held accountable4

Noting that the ICC issued the first warrant of arrest of Al

Bashir on 4 March 2009 and the second warrant issued on 12
July 2010, both alleging that Al Bashir committed crimes
against humanity, war crimes and genocide5

Recognizing that Malawi is a state party to the Rome Statue as

well as the African Union while South Sudan is not a state party
to the Rome Statute

Recognizing the issue of immunity of Al Bashir as a head of

state

Noting with concern the refusal of the Republic of Malawi to

arrest Omar Al Bashir who is wanted by the ICC for alleged war
crimes, crimes against humanity and genocide

1. Urges the government of Malawi to abide by its obligations under international law,
particularly the Rome Statute of the International Criminal Court, by taking
immediate and necessary actions to arrest Omar Bashir and facilitate his surrender to
the ICC;

2. Calls upon Malawi to demonstrate its commitment to international justice by

cooperating fully with the ICC in its investigations and proceedings regarding Omar
Bashir;

3. Encourages the international community to provide necessary support and assistance

to Malawi in ensuring compliance with its obligations under the Rome Statute and
international law;

4. Requests the Security Council to remain actively seized of the matter and take
appropriate measures, in accordance with the UN Charter, if Malawi continues to
disregard its obligations under the Rome Statute;

5. Decides to remain actively seized of the situation and further calls upon all States to
uphold their responsibilities in enforcing arrest warrants and supporting international
justice efforts;
2
Article 1(5) of the Charter of the United Nations and Statute of the International Court of Justice, 1945.
3
International Criminal Court
4
Mwiza Jo Nkhata Article
5
For a summary of all the situations and cases currently under consideration by the Court visit www.iccc-
cpi.int/Menus/ICC/Situations+and+Cases/ (accessed on 15 December 2023)
6. Calls upon the Secretary-General to report on the implementation of this resolution
and the status of Malawi's cooperation with the ICC within appropriate timeframe.