Special Report: The AU Summit and Malawi

This report analyzes the legal and political consequences of Malawi's June 2012 decision to refuse hosting the African Union (AU) Summit because the AU insisted on the invitation of Sudanese President Omar Hassan al-Bashir, who is wanted by the International Criminal Court (ICC). The document examines how Malawi balanced its international legal obligations and its need to regain Western donor support against its relationship with the AU.

• On 8 June 2012, the cabinet of Malawi decided not to host the upcoming African Union (AU) Summit because the AU required that all Heads of State, including Sudanese President Omar Hassan al-Bashir, be invited. Al-Bashir is wanted by the International Criminal Court (ICC) for genocide, war crimes, and crimes against humanity in Darfur.
• Malawi's refusal to host the summit is grounded in three international legal frameworks: the UN Charter, the Constitutive Act of the African Union, and the Rome Statute of the ICC. Under the UN Charter, obligations prevail over other conflicts, and UN Security Council Resolution 1593 (2005) obliges parties to cooperate with the ICC regarding Darfur. As an ICC member state, Malawi is legally required to arrest and surrender al-Bashir if he enters its territory.
• The African Union has historically opposed the arrest of al-Bashir, arguing that he possesses head-of-state immunity and that his arrest would hinder peace negotiations between Sudan and South Sudan. Despite AU calls in 2009, 2010, 2011, and January 2012 for member states not to cooperate with the ICC, some African nations have prioritized international law over the AU position.
• Other African states have previously avoided diplomatic crises regarding al-Bashir by canceling visits or moving meeting venues. Examples include South Africa (2009), Uganda (2009, 2010, 2011), the Central African Republic (2010), and Zambia (2010). In Kenya, civil society action led to the relocation of an IGAD summit from Nairobi to Addis Ababa in October 2010 and the securing of an arrest warrant from a Kenyan High Court in 2011.
• President Joyce Banda's decision was influenced by a desire to rehabilitate Malawi's international reputation and secure economic aid. Under the previous administration of Bingu wa Mutharika, foreign aid—which once accounted for 40% of the development budget—was slashed due to governance concerns. Banda's government has taken steps to attract donors, including devaluing the currency and securing a US$157 million aid package from the IMF.
• The decision reflects a broader shift in Malawi's domestic policy toward human rights and good governance under President Banda. This includes firing a police chief criticized for human rights violations, repealing a Penal Code amendment that allowed the Minister of Information to ban publications, and expected moves to revoke homophobic legislation.
• Following Malawi's refusal to host the summit, the AU decided to move the event to its headquarters in Addis Ababa, a move that aligned with a previous request from Khartoum.

APA

Maunganidze, O. A., & Dzinesa, G. (2012). Special Report: The AU Summit and Malawi. Institute for Security Studies. https://issafrica.org/iss-today/special-report-the-au-summit-and-malawi

Chicago

Maunganidze, Ottilia Anna, and Gwinyayi Dzinesa. Special Report: The AU Summit and Malawi. Institute for Security Studies, 2012. https://issafrica.org/iss-today/special-report-the-au-summit-and-malawi.

Wikipedia

{{cite report |last1=Maunganidze |first1=Ottilia Anna |last2=Dzinesa |first2=Gwinyayi |title=Special Report: The AU Summit and Malawi |publisher=Institute for Security Studies |date=June 2012 |url=https://issafrica.org/iss-today/special-report-the-au-summit-and-malawi |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{maunganidze2012special, author = {Maunganidze, Ottilia Anna and Dzinesa, Gwinyayi}, title = {{Special Report: The AU Summit and Malawi}}, institution = {Institute for Security Studies}, year = {2012}, month = jun, url = {https://issafrica.org/iss-today/special-report-the-au-summit-and-malawi}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }