Sudan brands ICC 'failure' for referring Bashir to UN

Sudanese President Omar al-Bashir speaks in Wad Madani, the capital of Sudan's east-central al-Jazirah state, on February 26, 2015. By Ashraf Shazly (AFP/File)

Khartoum (AFP) - Sudan branded the International Criminal Court a "failure" Thursday over its decision to refer it to the UN Security Council for failing to arrest President Omar al-Bashir over alleged war crimes.

The ICC ruled Sudan had failed to arrest Bashir over alleged war crimes in the western region of Darfur and passed the case to the Security Council to take "the necessary measures they deem appropriate".

"The decisions of the ICC are not in any way binding to the Sudanese government and raising Sudan's case with the Security Council reflects the failure of the ICC," Information Minister Ahmed Bilal Osman said.

"The ICC knows it doesn't scare Sudan at all," Osman told the Sudanese Media Centre, a website seen as close to the security apparatus.

Bashir, 71, is wanted over his role in the conflict in Darfur, where insurgents rose up in 2003.

More than 300,000 people have been killed in the conflict, the UN says, although Khartoum puts the toll at 10,000.

The ICC issued warrants against Bashir in 2009 and 2010 but he travels across the African continent despite a legal obligation by ICC member states to arrest him.

Sudan has not signed the ICC's founding treaty but has been a member of the UN since 1956.

The Security Council referred the Darfur case to the ICC for investigation in a 2005 resolution and Sudan, as a UN member is obliged to cooperate, the tribunal judges said.

In December the ICC said it was shelving investigations into alleged war crimes in Darfur, and prosecutor Fatou Bensouda sharply criticised the Security Council for its inaction over the conflict.

Bashir is running for another term in presidential and legislative polls slated to take place in April, which he is widely expected to win.