The Southern Africa Litigation Centre (SALC) announced on Thursday that South Africa is to appear before the International Criminal Court (ICC) to account for failing to arrest Sudan’s President Omar al-Bashir when he attended an African Union summit in the country in 2015 2015.
The Hague-based court has issued two arrest warrants for al-Bashir on the basis that there are reasonable grounds to believe that along with war crimes and crimes against humanity including murder, extermination and rape, he has committed genocide against the Fur, Massalit and Zaghawa ethnic groups.
“Next Friday, 7 April 2017, South Africa will appear before the Pre-Trial Chamber of the International Criminal Court (ICC) to argue why the Court should not make a finding of non-compliance against the country for its failure to arrest President Omar Al Bashir when he attended an African Union Summit in South Africa in June 2015,” SALC said in a statement.
SALC further said in December 2016, the ICC decided to hold a public hearing, under Article 87 (7) of the Rome Statute to determine whether to find South Africa guilty of non-compliance.
“To this end, the ICC has invited South Africa to make written and oral submissions at that hearing, which takes place in The Hague, to decide; whether South Africa failed to comply with its obligation under the Rome Statute by not arresting and surrendering President Omar Al Bashir to the ICC while he was on South African territory despite having received a request by the Court for his arrest and surrender,” SALC said.
SALC believes that its submissions will show that various government departments colluded to facilitate al-Bashir’s departure from the country.
“Had these ministers wanted to ensure compliance with the interim court order, which sought to prevent Al Bashir’s departure while the matter was being heard, they could have taken steps to inform their officials, in whose care the Sudanese delegation was entrusted,” SALC’s Executive Director, Kaajal Ramjathan-Keogh said.
Photo: Sudan President Omar al-Bashir/UN