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The African Union has issued a statement in response to the decision by the International Criminal Court ("ICC"), which had criticized the failure of Malawi and Chad to comply with the ICC's cooperation request to arrest and surrender Sudan's President Omar Al Bashir. Pre-Trial Chamber I then referred the matter to the UN Security Council and the Assembly of States Parties. The African Union expressed "deep regret" about the Court's conclusion that immunity of heads of state could not justify states' decision not to comply with the Court's arrest warrant. According to the AU, this conclusion "purport(s) to change customary international law," contradicts the Rome Statute, and violates the Constitutive Act of the African Union...
