{"id":35395,"date":"2017-07-09T13:24:05","date_gmt":"2017-07-09T13:24:05","guid":{"rendered":"https:\/\/new.igihe.com\/icc-rules-sa-had-a-duty-to-arrest-bashir\/"},"modified":"2017-07-09T13:23:57","modified_gmt":"2017-07-09T13:23:57","slug":"icc-rules-sa-had-a-duty-to-arrest-bashir","status":"publish","type":"post","link":"https:\/\/new.igihe.com\/english\/icc-rules-sa-had-a-duty-to-arrest-bashir\/","title":{"rendered":"ICC rules SA had a duty to arrest Bashir"},"content":{"rendered":"<p>{The International Criminal Court has ruled that South Africa should have arrested Sudan&#8217;s President, Omar al-Bashir, who is wanted in connection with war crimes when he entered the country in 2015. } <\/p>\n<p>President Bashir was the first President to be accused of organizing war crimes and crimes against humanity by the International Criminal Court (ICC) in 2015.  <\/p>\n<p>He has attended an African Union summit in Johannesburg and despite earlier consultations between ICC and South African officials then flew out of the country again unhindered.<\/p>\n<p>The court handed down a judgment on Thursday; it said that South Africa&#8217;s defense, that Bashir has immunity from arrest as head of state, is without basis and against the intention and wording of the Rome Statute. <\/p>\n<p>The War crimes judges handed down their judgment on Thursday if South Africa flouted international law by failing to arrest Sudan&#8217;s President Omar al-Bashir, wanted for trial on charges of genocide in Darfur.<\/p>\n<p>It ruled that South Africa was not entitled to decide unilaterally not to cooperate with the International Court.<\/p>\n<p>Legal experts widely expected that judges at the International Criminal Court would find that Pretoria, one of the founding members of the tribunal, failed to co-operate with the ICC based in The Hague.<\/p>\n<p>The landmark decision is aimed at sending a message to signatories of the court&#8217;s founding Rome Statute that they must cooperate, many believe little concrete action will follow.<\/p>\n<p>Despite two international arrest warrants issued in 2009 and 2010, Bashir remains at large and in office as the conflict continues to rage in the western Sudanese region of Darfur.<\/p>\n<p>In 2015, he attended an African Union summit in Johannesburg and despite earlier consultations between ICC and South African officials then flew out of the country again unhindered.<\/p>\n<p>Pretoria&#8217;s lawyers argued at an April hearing at the ICC there &#8220;was no duty under international law on South Africa to arrest&#8221; Bashir.<\/p>\n<p>Pretoria had sought legal clarification from ICC judges shortly before the visit and argued there was &#8220;nothing at all&#8221; in the UN resolution to waive his diplomatic immunity.<br \/>\nBut ICC prosecutor Julian Nicholls is reported to have shot back that South Africa &#8220;had the ability to arrest and surrender him and it chose not to do so.&#8221;<\/p>\n<p>Bashir, who has been president of Sudan since 1993, has denied all 10 charges against him, including three of genocide and two of war crimes.<\/p>\n<p>And he continues to travel, with Khartoum announcing on Monday he will visit Moscow for the first time in August.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>{The International Criminal Court has ruled that South Africa should have arrested Sudan&#8217;s President, Omar al-Bashir, who is wanted in connection with war crimes when he entered the country in 2015. } President Bashir was the first President to be accused of organizing war crimes and crimes against humanity by the International Criminal Court (ICC) [&hellip;]<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[75],"byline":[170],"hashtag":[],"class_list":["post-35395","post","type-post","status-publish","format-standard","hentry","category-news","tag-homenews","byline-igihe"],"bylines":[{"id":170,"name":"IGIHE","slug":"igihe","description":"","image":{"id":0,"url":"https:\/\/secure.gravatar.com\/avatar\/?s=96&d=mm&f=y&r=g","alt":"Default avatar","title":"Default avatar","caption":"","mime_type":"image\/jpeg","sizes":[]},"user_id":8}],"contributors":[{"id":170,"name":"IGIHE","slug":"igihe","description":"","image":{"id":0,"url":"https:\/\/secure.gravatar.com\/avatar\/?s=96&d=mm&f=y&r=g","alt":"Default avatar","title":"Default avatar","caption":"","mime_type":"image\/jpeg","sizes":[]},"user_id":8}],"featured_image":null,"_links":{"self":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/posts\/35395","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/comments?post=35395"}],"version-history":[{"count":0,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/posts\/35395\/revisions"}],"wp:attachment":[{"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/media?parent=35395"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/categories?post=35395"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/tags?post=35395"},{"taxonomy":"byline","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/byline?post=35395"},{"taxonomy":"hashtag","embeddable":true,"href":"https:\/\/new.igihe.com\/english\/wp-json\/wp\/v2\/hashtag?post=35395"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}