South Africa had duty to arrest Bashir: Intl Criminal Court

By Hassan Isilow

JOHANNESBURG

South Africa failed to comply with its obligations as a signatory to the Rome Statute by not arresting Sudan’s President Omar al-Bashir during his visit in 2015, the International Criminal Court (ICC) ruled Thursday.

The court, based in The Hague, the Netherlands, said South Africa’s failure to arrest and surrender al-Bashir while he was in the country prevented the court from exercising its duty and powers.

The ICC also said al-Bashir, who is wanted for war crimes and crimes against humanity in Sudan’s Darfur region, did not enjoy diplomatic immunity, contrary to South Africa's earlier argument.

Al-Bashir was in South Africa in June 2015 to attend an African Union summit when a high court there issued an order calling for his arrest.

The government ignored the order, which was also meant to prevent the Sudanese leader from leaving the country at the end of the summit.

Leaving the ICC

In the wake of the incident, the South African government said it would leave the International Criminal Court.

South Africa's Justice Minister Michael Masutha announced last October that the government had begun the formal process of withdrawing from the court.

He said the 1998 Rome Statute that formed the ICC was in conflict with South Africa's Diplomatic Immunities and Privileges Act, which protects diplomats and other visiting officials from arrest.

But a high court in the country ruled this February that the government's decision to withdraw from the court was invalid.

Deputy Judge President Phineas Mojapelo said the decision was unconstitutional because it had not been approved by parliament.

In response to the ruling, Netsanet Belay, Amnesty International’s Africa director for research and advocacy, told Anadolu Agency in an email: “Today’s finding confirms what everyone, including South African authorities, knew all along. Al-Bashir does not have immunity from arrest’’.

He said by failing to arrest Al-Bashir, South Africa had reneged on its international and domestic legal obligations.

‘‘No state should follow this example. There must be no impunity for crimes under international law,’’ he added.

The South African government has yet to respond to the ruling.