Tuesday, March 15, 2016

South Africa’s Refusal To Arrest Sudan’s Al-Bashir Unlawful

Sudanese President Omar al-Bashir arrives in Khartoum, Sudan from Johannesburg on June 15, 2015. South Africa's Supreme Court has ruled that Bashir should have been arrested when he visited South Africa.EBRAHIM HAMID/AFP/Getty Images

South Africa’s Supreme Court rejected an appeal by the government on Tuesday and ruled that Sudanese President Omar al-Bashir should have been arrested in the country in 2015.

Bashir, who visited South Africa for an African Union summit in June 2015, is subject to an arrest warrant issued by the International Criminal Court for crimes against humanity and war crimes linkedo the conflict in Sudan’s Darfur region. He denies the charges.

A court in the South African capital Pretoria ruled on June 14 that Bashir
should not be allowed to leave the country until an application calling for his arrest had been heard, but Bashir later left South Africa. The South African government had applied to the Supreme Court to have the ruling overturned, arguing that all delegates attending the summit were subject to diplomatic immunity.

Ruling on Tuesday, the Supreme Court rejected the government’s appeal and said that its failure to arrest Bashir "was inconsistent with South Africa’s obligations in terms of the Rome Statute...and unlawful," according to Reuters. The Rome Statute is a treaty setting out the crimes that fall within the ICC’s jurisdiction, which South Africa signed in 1998. Read more >>>>>>>>>>>>>>

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