ICC Judge asks the Barack Obama Justice Dept to arrest Omar Al Bashir
Subsequently, on 6 March 2009 and 21 July 2010, the ICC Registry transmitted requests for the suspect’s arrest and surrender to all United Nations Security Council (UNSC) members that are not States Parties to the Rome Statue, including the United States.
The Chamber recalled that non-States Parties may decide to cooperate with the Court on an ad hoc basis. The US, as a non-State Party to the Statute, has no obligations vis-à-vis the Court arising from the Statute.
The Chamber noted, however, that the situation in Darfur was referred to the Court by the UNSC and that UNSC Resolution 1593 (2005), while recognizing that States not party to the Rome Statute have no obligation under the Statute, “urge[d] all States and concerned regional and other international organizations to cooperate fully” with the Court.