Judges at the International Criminal Court (ICC) will rule today if South Africa flouted international law by failing to arrest Sudan's President Omar al-Bashir, who is wanted for trial on charges of genocide in the Darfur region.
The ICC says that South African government failed to comply with its obligations to cooperate with the court as a signatory of the tribunal’s founding Rome Statute.
But Pretoria points that Sudanese leader has immunity as a head of state. The ICC's statutes explicitly state that sitting heads of states do not have immunity in war crimes cases.
Despite two international arrest warrants issued in 2009 and 2010, President Bashir remains at large and in office as conflict continues to rage in Darfur.