THE HAGUE, Netherlands, Dec. 14 (UPI) -- The International Criminal Court said it referred Chad to the U.N. Security Council for not arresting Sudan's president when he visited the country in August.
U.N. Security Council Resolution 1593 in 2005 referred Sudan to the ICC after evidence emerged of serious rights violations in Darfur. Sudanese President Omar al-Bashir is accused of genocide, war crimes and crimes against humanity in Darfur, though Khartoum isn't party to the Rome Statute that created the court.
The ICC this week rejected claims from Malawi that Bashir enjoys immunity under international law as a sitting head of state. The ICC made a similar affirmation in its case against Chad.
The pre-trial chamber, the court said in a statement, said Chad "failed to comply with its obligations to consult with the chamber by not bringing the issue of Omar al-Bashir's immunity to the chamber for its determination."
The court in the Malawi case ruled the notion that heads of state weren't protected by international law dates back to World War I.
"It is for the U.N. Security Council and the Assembly of States Parties to take any measure (against Chad) they may deem appropriate to ensure the full cooperation with the ICC," the court said.