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 22 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

Recalling the purposes and principles enshrined in the Charter

of the United Nations,

Affirming that the most serious crimes of concern to the

international community as a whole must not go unpunished
and that their effective prosecution must be ensured by taking
measures at the national level and by enhancing international
cooperation,

Reaffirming its strong commitment to the sovereignty,

independence, unity and territorial integrity of the Republic of
Malawi,

Reaffirming that the ICC1 fills a major void in the international

criminal justice system by providing the first permanent forum
where those responsible for the commission of international
1
International Criminal Court.
 crimes can be held accountable2,

Stressing the importance of the arrest of Omar Al Bashir,

Stressing further that the refusal of the arrest of Omar Al

Bashir violates Malawi’s responsibilities as a state party to the
Rome Statute3,

Recognizing that the first purpose and principle of the UN to

maintain international peace and security4, 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 peace5,

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
giving assistance to any state against which the United Nations
is taking preventive or enforcement action6,

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 genocide7,

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, and the obligations also stem from the
UN Charter

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

2
Mwiza Jo Nkhata Article
3
The Rome Statute is a treaty that established the International Criminal Court (ICC). The treaty was adopted in
1988 and entered into force 2002.
4

5
Article 1(1) of the Charter of the United Nations and Statute of the International Court of Justice, 1945.
6
Article 1(5) of the Charter of the United Nations and Statute of the International Court of Justice, 1945.
7
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)
 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. Calls for the Malawian Government to provide clarification for the violation of the
Rome Statute of which it is a state party;

4. Demands the immediate arrest of Omar Al Bashir and release to the ICC for further
action to be taken against him for crimes against humanity 8, war crimes9 and
genocide10;

5. Requests the President of the Republic of Malawi to engage with other organs of the
ICC and African Union to further dialogue and advancing global accountability to
make sure that there is no clash of obligations in resolving matters regarding the
function of the ICC;

6. Further requests that there be an appointment of an official to be head of an

international coordination effort for the arrest and extradition as well as provide
funding and planning for short notice emergency mission for quick deployment;

7. 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;

8. 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;

9. 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;

10. 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.

8
Article 7 of the Rome Statute.
9
Article 82 of the Rome Statute.
10
Article 6 of the Rome Statute.