UGANDA HAS A LEGAL OBLIGATION TO ARREST AND SURRENDER THE LRA LEADERS Sample Clauses

UGANDA HAS A LEGAL OBLIGATION TO ARREST AND SURRENDER THE LRA LEADERS. Under Article 59 of the Rome Statute of the International Criminal Court (Rome Statute), Uganda has an unequivocal obligation to take steps to arrest any person who is the subject of an arrest warrant “immediately” when that person enters its territory and to surrender that person to the International Criminal Court “as soon as possible.”8 The obligation is absolute regardless of whether any political negotiations or national proceedings are taking place. Indeed, the purpose of the Rome Statute is to ensure that there can be no impunity, which has historically been granted all too often through such negotiations.9 If the government refuses to arrest and surrender the LRA leaders charged by the International Criminal Court, the Pre-Trial Chamber on its own initiative, or on the request of the Prosecutor, could determine that Uganda is failing to comply with the request to implement the arrest warrants and refer the matter immediately to the Assembly of States Parties of the International Criminal Court.10 8 According to Article 87 (7) of the Rome Statute: Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties . . . 9 The Preamble to the Rome Statute states: 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 enhanced international cooperation.
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