South Africa: ICC to Rule Over South Africa’s Failure to Arrest Indicted Sudanese President

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The Hague — The International Criminal Court (ICC) in The Hague is expected to rule over South Africa’s failure to arrest President Omar Al Bashir within three weeks.

In June 2015, the Sudanese president travelled to South Africa to visit an AU summit. He decided to return to Sudan on the second day of the meetings to evade arrest.

South Africa as a signatory to the ICC’s Rome Statute should have carried out the arrest warrants for Al Bashir, issued by the tribunal in 2009 and 2010, on the basis of five counts of crimes against humanity, two counts of war crimes, and three counts of genocide.

The ICC does not have a police force and it depends on member states to arrest and hand over wanted suspects. The charges are opposed by the AU, the Arab League, Russia, and China.

After his arrival to Johannesburg, a South African provincial court ordered that the indicted Sudanese president had to remain in the country while judges deliberated on his arrest.

The court ruled that Al Bashir should indeed be arrested, but at that time he had already left aboard his aircraft via a military airport. A day later, the High Court in Pretoria refuted the ruling, and concluded that the South African government granted immunity to Al Bashir by inviting him for the AU summit.

In a statement on Friday, the ICC said South Africa’s prosecutor and representatives have been invited to attend the ruling about the case scheduled to take place on 6 July. The ruling follows a hearing in April, where South Africa explained why it did not break its obligations to the tribunal.

Sudan has not signed the Rome Statute and argues that the ICC therefore does not have a right to execute a warrant. Al Bashir has denied the charges against him, and continues to travel to various countries with impunity. Recently, he returned to Khartoum from Jordan, another ICC member, where he attended the 28th summit of the Arab League.

Earlier this month, ICC prosecutor Fatou Bensouda, presenting her 25th report on the situation in Darfur to the UN Security Council, urged the members “to take concrete action and help deliver justice to the victims of the crimes committed in Darfur” by arresting the indicted president.

Article first appeared in http://allafrica.com/stories/201706180036.html

5 Comments on "South Africa: ICC to Rule Over South Africa’s Failure to Arrest Indicted Sudanese President"

  1. ICC must go to hell.SA is not their police station. They knew where they can find him and arrest him.

    • Pinky Khoabane | July 4, 2017 at 11:04 am | Reply

      I wonder why the other countries where Al Bashir goes are not being penalised for not arresting him.

  2. sudan is not party to the ICC so if they intend to prosecute him does that mean they intend to prosecute george w bush, tony blair, nicolas sarkozy, dick cheney, barrack obama, hillary clinton, etc?
    this is the globalist elite adding another layer to the regime change efforts in South Africa.
    still don’t know how the high court ruled withdrawing from this western tentacle unconstitutional. ruling to remain in the ICC is unconstitutional and treasonous as teh ICC impedes on South Africa’s sovereignty in my humble opinion.

  3. We must prove to ICC that we are not their stooges.
    Viva President Zuma Viva!

  4. sipho sithole | July 5, 2017 at 6:14 am | Reply

    The most amazing thing is that the so called leader of the free world is not a signatory to the Rome statute for obvious reasons yet it is the first country to yap and push people it says are human rights violators to be prosecuted by this court…until western officials stands on the dock we must see this court for what it is,,one of the many international institutions created to control the so called 3rd world

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