The global Criminal Court’s Chief Prosecutor Luis Moreno-Ocampo looks at a video of Sudan’s president Omar Hassan al-Bashir during a press briefing in Paris, July 13, 2010.
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Crimes that fall within the jurisdiction of the ICC are genocide, war crimes and crimes against humanity.
With a few indication that Al Bashir may attend the Forum on China-Africa Cooperation (FOCAC) in South Africa in December, Bensouda has also requested confirmation from ICC judges that South Africa has a continuing obligation to arrest Al Bashir should he travel to the country again, regardless of the outcome of the SCA ruling.
She wants clarity on whether South Africa would be given an extension if the domestic court battle would not be concluded by the end of the year.
Mochochoko explained too that if South Africa did decide to pull out of the ICC, it would take at least a year to complete the process and it would not affect the current dispute between Pretoria and the ICC over South Africa’s handling of the Bashir case.
However, local authorities argue that Al Bashir was not on a state visit and that in terms of AU membership, state heads are granted diplomatic immunity when traveling to other states.
This is not the first time the ICC has asked a foreign government to arrest and hand over Bashir.
She also wants the confidentiality lifted on documents before the court saying this will correct any misperceptions about South Africa’s interaction with the ICC.
The court further affirmed South Africa’s obligation to the ICC.
Sudan has previously accused the ICC of being a political tool to target African leaders.
Currently, government has approached the Supreme Court of Appeal to overturn a finding made by the high court that government’s failure to arrest al-Bashir was unlawful and unconstitutional. Earlier this August, Bashir rejected the AU Peace and Security Council’s (AUPSC) request to hold a preparatory meeting at AU Headquarters in Addis Ababa before the National Dialogue began. He ordered South Africa to promptly inform the ICC of any relevant developments in the South African court case. This has not happened since the court was established in 2002.
“I think it would be a sad day”.
South African official sources have suggested that the ICC can not be both a player and referee in the dispute.
The ANC NGC decision still has to come before Parliament before South Africa can withdraw from the Rome Statute.
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And so, while the Al-Bashir matter remains a legal and diplomatic hot potato for government, if South Africa pulled out of the ICC, citizens would in future have less legal protection – not a desirable situation in a country where the foundation stones of democracy are starting to tremble.
