The International Criminal Court will not refer Jordan to the UN Security Council for its failure to arrest Sudan’s Omar Al Bashir on war crimes charges when he visited Amman in 2017, judges said on Monday.
Their move reverses an earlier decision.
Mr Al Bashir, who was ousted in April after 30 years in power, is the subject of two ICC arrest warrants over his alleged role in war crimes – including genocide – in Sudan’s Darfur province.
Jordan cited international law that grants heads of state immunity from prosecution as the reason for not arresting Mr Al Bashir in 2017.
But the ICC said immunity no longer applied to the former Sudanese leader.
In a split ruling, a five-judge panel said that although Jordan should have arrested Mr Al Bashir, its failure to do so was not grounds for referral because Amman tried to consult with the court about the matter ahead of time.
"The Appeals Chamber confirms ... Jordan had failed to comply with its obligations under the statute by failing to execute the court’s request for the arrest of Mr Al Bashir and his surrender to the court, while he was in Amman on 29 March 2017," presiding judge Chile Eboe-Osuji said.
But Mr Eboe-Osuji said that referring Jordan to the UN for possible sanction went too far.
Under court rules, judges can use their discretion on whether a breach is serious enough to prompt a referral.
"The Appeals Chamber...finds merit in Jordan’s arguments and considers that the Pre-Trial Chamber abused its discretion," the judge said.
He noted that South Africa, which failed to arrest Mr Al Bashir during a 2015 visit, was also not referred to the UN.
