ICC rules against SA in Bashir case
The International Criminal Court (ICC) has unanimously ruled against South Africa’s decision to not arrest Sudanese President Omar Al-Bashir.
Bashir, who is wanted on charges of genocide, attended an African Union summit in 2015.
Government decided to give Al-Bashir immunity to avoid arresting him and surrendering him to the court for prosecution.
Presiding Judge, Cuno Tarfusser, says South Africa’s reasons for not arresting him were unsatisfactory.
“South Africa argued two distinct legal basis for Omar Al-Bashir’s immunity namely, customary international law on account of his position as a sitting head of state of Sudan. And the agreement between South Africa and the African Union for the purpose of the summit. The chamber is not persuaded by the argument."
Video summary: Al-Bashir case: #ICC Pre-Trial Chamber II decides not to refer South Africa’s non-cooperation to the ASP or the UNSC pic.twitter.com/vYTzoGB1YC
— Int'l Criminal Court (@IntlCrimCourt) July 6, 2017
Tarfusser says by not arresting Al-Bashir, South Africa failed to comply with the court's request.
“South Africa’s actions prevented the court from exercising its functions and powers under the Rome Statute in connection with the criminal proceedings instituted against Al-Bashir."
He says they are aware that South Africans courts have come to the same findings.
“The Supreme Court of Appeal of South Africa has concluded that the conduct of the government was inconsistent with its obligations to the Rome Statute and unlawful. This ruling has become final as the government has withdrawn its appeal against it,” he says.