NEW DELHI: As New Delhi gears up for its biggest ever diplomatic jamboree with African nations,the International Criminal Court (ICC) prosecutor has said that India should “contribute” towards the goal of accountability for the “world’s worst crimes” by arresting the visiting Sudanese President, Omar Hassan Ahmad al-Bashir, who has been indicted for 10 counts as a 'war criminal'.

In response to a query from Express, the office of the prosecutor of the Hague-based ICC has for the first time commented on the forthcoming visit of the President of Sudan for the third India-Africa Forum Summit (IAFS) to be held from October 29.

The ICC Pre-trial Chamber had issued arrest warrants against al-Bashir for five counts of crimes against humanity, two counts of war crimes and three counts of genocide during the war in Darfur.

India, which is not party to the Rome Statute that created the ICC, has been one of Sudan’s biggest international partners. Before this trip, al-Bashir has not been on an official visit to India. He has transited twice through India in 1999 and 2002, but has not travelled to the sub-continent since his indictment.

“It is important to note that the UNSC 1593 resolution urged all states, including non-state parties to the ICC as well as regional and other international organisations, to cooperate fully with the ICC. This includes arresting al-Bashir,” the statement said.

"By arresting and surrendering ICC suspects, India can contribute to the important goal of ending impunity for the world’s worst crimes," ICC Prosecutor's office said in response to query from The New Indian Express on India's duties under international law.

The international judicial organ asked New Delhi to consider the plight of the victims. "As states ponder over such matters, it is fundamentally important not to forget the victims who deserve justice for the unimaginable atrocities they have suffered," the ICC prosecutor's statement pointed out.

India has invited the 54 heads of states in Africa for the third IAFS. Prime Minister Narendra Modi’s special envoy and Minister of State for External Affairs V K Singh invited al-Bashir on September 19 in Khartoum.

When asked about ICC prosecutor’s view about the visit of the Sudanese President, MEA spokesperson Vikas Swarup said, “India is fully compliant with its international obligations.”

Despite international sanctions, political and economic ties have kept apace. Several Indian firms such as the ONGC, Tata Motors, Mahindra and BHEL are operating in the African nation.

Harvard Law School's Professor Alex Whiting, who had been attorney in ICC Prosecutor's office from 2010 to 2013, agreed that India "does not have legal obligation" to enforce warrant for Al Bashir as UNSC resolution 1593 "does not obligate non-State parties to cooperate with the ICC but only urges them to do so".

"However, India is a signatory to the Genocide Convention which states that "that genocide, whether committed in time of peace or in time of war, is a crime under international law which [the contracting parties] undertake to prevent and to punish," Whiting told Express. India became a party to the 1948 Genocide Convention in 1959.

Whiting felt that "this obligation would cause India to think twice about hosting someone who has been charged by an international tribunal with genocide".

Incidentally, South Africa is currently in the dock in ICC, as it has been asked to explain why—despite being member of ICC—it did not arrest the Sudanese President during his visit in June.

South Africa had claimed that it could not arrest a sitting head of state under domestic law. After a South African court unexpectedly issued an order to the government to enforce the ICC warrant, President Al-Bashir made a quick, quiet exit.

Among the international community, United States may express public annoyance with India, as it did in Aug 31 ahead of Al Bashir's Chinese sojourn to China to attend the commemorative parade to mark 70th anniversary of victory over Japan in World War 2.

The US state department had then said that it was against “invitations, facilitation or support for travel by persons subject to outstanding ICC warrants”. China, like India and United States, never acceded to the Rome Statute.