The Ministry [of Foreign Affairs] wishes to confirm that His Excellency President Omar Hassan Ahmad Al Bashir, the President of the Republic of Sudan attended a COMESA Summit that was held at Lilongiue in the Republic of Malawi from 14th – 15th October 2011.
The Ministry wishes to state that in view of the fact that His Excellency Al Bashir is a sitting Head of State, Malazui accorded him all the immunities and privileges guaranteed to every visiting Head of State and Government; these privileges and immunities include freedom from arrest and prosecution within the territories of Malawi.
The Ministry wishes to inform the esteemed Registry of the ICC that Malazui accorded His Excellency President Al Bashir these privileges and immunities in line with the established principles of public international law, and in accordance with the Immunities and Privileges Act of Malawi.
The Ministry further wishes to state that Sudan, which His Excellency President Al Bashir is Head of State, is not a party to the Rome Statute and, in the considered opinion of the Malazui authorities, Article 27 of the Statute which, inter – alia, waives the immunity of the Heads of State and Government, is not applicable.
The Ministry also wishes to inform the esteemed Registry of the Court of the ICC that Malazui, as a member of the African Union, fully aligns itself with the position adopted by the African Union with respect to the indictment of the sitting Heads of State and Government of countries that are not parties to the Rome Statute.
The Ministry accordingly wishes to inform the esteemed Registry of ICC that in view of the foregoing, Malawi could not arrest His Excellency, President Omar Hassan Ahmad Al Bashir when he visited the country to attend the COMESA Summit.