Today marks the deadline for the ANC Government to explain to the global Criminal Court (ICC) why it failed to arrest Sudanese President Omar Al-Bashir when he was in South Africa in June this year, in breach of two warrants for his arrest issued by the ICC and South Africa’s own domestic law.
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In June, the South African government defied a court order that called for the arrest of the Sudanese president, Al-Bashir when he was in the country for an AU summit.
The decision by President Zuma and his Executive dealt South Africa’s worldwide standing and reputation a severe blow.
As an ICC signatory, South Africa is obliged to implement warrants from the court. After it was established that he had been allowed to leave, the High Court ruled that the failure to detain Al-Bashir was inconsistent with the Constitution.
The Southern African Litigation Centre (SALC) has urged government to continue communicating with the global Criminal Court (ICC) to resolve the dispute over Omar al-Bashir.
Pretoria said the decision to ask for more time was taken in light of “complex and conflicting legal principles involved, both in worldwide and in South African domestic law”.
Bashir is accused of masterminding genocide, crimes against humanity and war crimes during Sudan’s Darfur conflict and is wanted by the Hague-based tribunal, which issued a warrant for his arrest in 2009.
More clarity was also needed on the rules and procedures of the Rome Statute member states.
Kenya and Congo, which are members of the court, have also allowed Bashir to visit without arrest.
But when South Africa “approached the court with a view to consult” it was “not afforded the opportunity to present legal arguments”.
The ICC had met with the South African embassy before Bashir landed in the country to discuss the government’s obligationsunder the Rome Statute.
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But Monday’s statement said the government remained committed to worldwide criminal justice and cooperation with the court.
