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South Africa violated obligation to arrest Sudan’s al-Bashir: ICC


July 6, 2017 (KHARTOUM) - The International Criminal Court (ICC) Thursday said South Africa had failed in its duty to arrest Sudanese President Omer al-Bashir when he was in the country but considered its referral to the Assembly of States Parties or the UN Security Council was not warranted.

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South African president Jacob Zuma (L) talks with his Sudanese counterpart, Omer Hassan al-Bashir, during his first official visit to Khartoum on 31 January 2015 (Photo: Reuters/Mohamed Nureldin Abdallah)

The ICC issued two arrest warrants against al-Bashir in 2009 and 2010 for alleged war crimes, crimes against humanity and genocide committed in Darfur.

Pretoria refused to arrest al-Bashir while he was on its territory between 13 and 15 June 2015 for the meeting of the African Union summit in Johannesburg.

“Today, 6 July 2017, Pre-Trial Chamber II of the International Criminal Court ("ICC" or "Court") composed of Judges Cuno Tarfusser, Presiding, Chang-ho Chung, and Marc Perrin de Brichambaut who appended an individual opinion, delivered in open session its decision finding that South Africa failed to comply with its obligations by not arresting and surrendering Omar Al-Bashir to the Court while he was on South African territory between 13 and 15 June 2015,” reads the Hague-based tribunal in a press release Thursday.

South Africa is a state member of the Rome Statute of the ICC, and is therefore obliged to comply with arrest warrants issued by the Court.

“The Chamber concluded that, by not arresting Omar Al-Bashir while he was on its territory between 13 and 15 June 2015, South Africa failed to comply with the Court’s request for the arrest and surrender of Omar Al-Bashir contrary to the provisions of the Statute, thereby preventing the Court from exercising its functions and powers under the Statute in connection with the criminal proceedings instituted against Omer Al-Bashir” further added the press release.

However, the ICC said it wouldn’t refer South Africa’s failure to comply with its obligations to the court’s governing body, Assembly of States Parties or the UN Security Council. It based that decision partly on South Africa’s effort to cooperate by seeking a ruling on the case.

Following al-Bashir’s controversy, South Africa government notified the ICC of its intent to withdraw from the Rome Statute but the high court in Pretoria said the move is unconstitutional and ordered the South African president, to retract the country’s “invalid” notification of withdrawal from the tribunal.

However, the South African ruling party ANC and his government say are resolved to withdraw from the war crimes court.


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  • 7 July 2017 06:31, by Lenin Bull

    If South Africa cannot arrest this bloody Arab criminal terrorist and bastard called Bashir, then this nonsensical talks of African Unity is a bluff. Bashir killed several thousands of black Africans after he previously killed 2 and half millions black Africans in South Sudan. He once boasted that " if a good Jalli( Arab from his tribe) man hammed in a black woman from Darfur that should not be

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  • 7 July 2017 06:36, by Lenin Bull

    considered a rape but a holy mission of which the African slave woman should rejoice about." His language is as obscene as his merciless killing which resulted into Genocide in Darfur. But strong African governments anywhere in Africa cannot help Africans facing immense danger anywhere in the world including Africa itself. We still have a long road to walk towards our African freedom and dignity.

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    • 7 July 2017 07:42, by Kuch

      Lenin Bull,
      You know what? I will rant here as usual, my distractors like *Eastern & Co.* on this website often call as someone who love rant incoherently. But to be honest, l ignore the idiots since l who they are----foreign troll fools. Well Lenin Bull, l agree with South Africa to have not arrested Hasan Al Bashir however, l loathe the devil. This is because this so-called ICC club>>>>

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      • 7 July 2017 07:58, by Kuch

        is a Europeans & Americans lopsided neo-colonialists bullying to African leaders ’dressed-up in justice’. Case in point, have you seen the former UK prime minster Tony Blair & Co being indicted by the same ICC after they destroyed Iraq & Afghanistan, killed and maimed thousands of Iraqis & Afghans? Not really. Here in our nose, Libya. The UK, the US & France destroyed Libya on the disguise>>>

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        • 7 July 2017 08:06, by Kuch

          of their damn so-called ’humanitarian intervention’ and was blessed by their UNSC. Can you now see what Libya looks like to day? It is lawless. The game of bombing Libya by the US, the UK & France & their allies was nothing to do with their so-called "humanitarian intervention" to save the Libyans from Muomar Gadafi. But it was for the US, the UK, France & their allies to take over the Libyans>>>

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          • 7 July 2017 08:13, by Kuch

            oil fields ’simple & square’. France even used to dropped weapons & munitions to their then so-called "free Libyan army" which were nothing but the bunch of terrorists. Those so-called "free Libyan army" after they destroyed Libya. The CIA, MI6, the Israeli Mossad & France secret agents took them to Syria for regime change of Syrian government & named their terrorists, *free Libyan army*>>>

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            • 7 July 2017 08:25, by Kuch

              The US, the UK, France, Al Qada, Al Nustra, Turkey, Israel and the gulf Arab states of Saudi Arabia, Qatar, Kuwait, UAE, Bahrain & Oman are the same evils who claim to be fighting terrorism. When in truth, they are one and the same with the terrorism. The US, France & the UK do the bombing but the gulf Arab states pay the bill of the bombing of other countries & their innocent civilians>>>

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              • 7 July 2017 08:37, by Kuch

                And their Israel do their spying in the Middle East on the countries that need to be regime changed for their European & American Wall Street banking cartels’ to plunder. In Syria though, the government of Syria has some power allies like Russia, Iran & some battle hardened Lebanese militia called Hezbollah, allied to Shia of Iran, Iraq & Alawite of Syria to which the current president of Syria>>>

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                • 7 July 2017 08:55, by Kuch

                  Mr. Bashar Al Asaad belongs. But the Emirs & the so-called of gulf Arab states and their US, the UK, France, Israel, Turkey plus their Al Qada, ISIS/L, Al Nustra et al want to take over the Middle East because *the Shiites, Lebanon & their Allawites of Syria & Houthis of Yemen are considered by the Gulf Arab states (Sunnis) as their existential or mortal enemies>>>

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                  • 7 July 2017 09:08, by Kuch

                    and so do their *Israel and their mercenaries of the US, the UK, Turkey & France* that they often pay to bomb any country even before the fall of the hammer at any given time of the year in Middle East at whim. To be precise on as to why the US, the UK, France, Turkey, Israel joined their gulf Arab states in Terrorism; it is simply because of *oil, gas & Geo-political* maneuvering & influence>>>

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                    • 7 July 2017 09:16, by Kuch

                      Besides, the gulf of state of Qatar have a natural gas that the European countries including Turkey want to pass a pipeline through Syria to Europe. But there is a ’snag’ on the way for the Qatari & their gulf Arab states allies natural gas to reach Europe: The Syrian president of Allawites’ descend, Mr. Assad & his Russian, Iranians & Lebanese backers and so, the US, the UK, France, Turkey>>>

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                      • 7 July 2017 10:57, by Kuch

                        their evil juus attack dogs and their gulf Arab states’ financiers & their Al Qada, ISIS/L, Al Nustra, Boko Haram, Wahhabis and to some extend, our so-called cloned North Sudan and tgheir their SPLA-IO et al.

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  • 7 July 2017 08:48, by Newsudan

    Bashir is dangerous monster

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  • 7 July 2017 09:23, by Good Foe

    Lenin, I think Kiir and Machar must be prosecuted too.
    Both of them committed crimes against humanity.
    The media estimated that hundred of thousands people have been killed but I estimated that Million South Sudanese are dead since the fighting broke out in 2013 and is still counting. Can’t these killings amount to War crimes?
    Kiir and Machar are rogues!

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    • 7 July 2017 12:35, by Kuch

      Mr. Good Foe,
      Riek Machar, Riek Machar is dead. We killed him last year in Juba. Riek Machar is dead last year in Juba. Paul Malongdit, Kuol Manyang, Michael Makuei, James Awani Iga, Salva Kiir Mayardit. "Miith ke Bhar El Gazelles, ’koc Bor a ben’. Miith ke Bhar El Gazelles; we are here. We have killed Riek Machar last year>>>

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  • 7 July 2017 10:37, by john locke

    First and foremost, kuch, please. Quit with youre nonsensical rant. You dont make sense at all in half the things you say. You just rant.

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  • 7 July 2017 13:34, by Lenin Bull

    Kuch you have my support 100% after all you are exercising your freedom and right of speech which we fought for in our beloved country South Sudan. Go ahead and express your mind and if anyone doesn’t like it, let him cut off his manhood.We will not incite tribal hatred and we will be part of those calling for the recolonization of South Sudan by any power on earth. No War in South Sudan.

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  • 8 July 2017 17:04, by Lenin Bull

    Good foe, I’m not calling for Riek and Kiir to be taken to ICC. I’m calling for the culture of war and killing to stop in South Sudan to be replaced by democracy where leaders are periodically and regularly elected by the people in free and transparent elections.I doubt the methodology and handling of issues of international issues by ICC though its objectives and intention are noble.

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