The Herald (South Africa)

SA wrapped up in world court crisis

Travel ban on AU summit guest

- Sipho Masombuka and Matthew Savides

THE government is sitting on a diplomatic time bomb with the world’s attention focused on the outcome of a court bid today to have Sudanese President Omar al-Bashir arrested in South Africa on charges of war crimes.

The Pretoria High Court yesterday temporaril­y barred al-Bashir, who is attending an African Union summit in Johannesbu­rg, from leaving South Africa.

He must await the outcome of an applicatio­n for an order that would oblige Pretoria to execute an Internatio­nal Criminal Court warrant for his arrest.

Judge Hans Fabricius yesterday ordered the government to ensure that alBashir stay put until after the applicatio­n, brought by the Southern African Litigation Centre, is heard today.

Earlier yesterday, reports from Sudan said al-Bashir had left South Africa – but late last night Sudan said Bashir had not slipped out of the country.

“President Bashir is here in Johannesbu­rg,” presidency spokesman Mohammed Hatem said.

Attempts to get comment from Internatio­nal Relations spokesman Nelson Kgwete and Presidency spokesman Harold Maloka were unsuccessf­ul.

South Africa’s hosting of al-Bashir and its granting of diplomatic immunity to all heads of state and government at the summit aligns this country with Malawi, Egypt and others in showing contempt for internatio­nal law obligation­s.

The ANC has accused the ICC of unfairly targeting African leaders and of allowing human rights violations by countries that are not signatorie­s to the ICC convention to go unpunished.

In court, the litigation centre alleges that al-Bashir is responsibl­e for murder, rape, torture, exterminat­ion and moving large numbers of civilians in Darfur during a five-year counter-insurgency campaign from 2003.

The conflict resulted in the deaths of more than 300 000 people and displaceme­nt of 2.5 million‚ according to the UN.

South Africa is on record as saying in 2009 that it would be obliged, in terms of internatio­nal legislatio­n called the Rome Statute, to arrest al-Bashir if he set foot in the country.

In its attack on the ICC, the ANC said: “Countries, mainly in Africa and Eastern Europe which, due to their unwavering commitment to upholding human rights and universal justice have elected to be signatorie­s to the ICC, continue to bear the brunt of the decisions of the ICC, with Sudan being the latest example.”

Centre for Constituti­onal Rights director Johan Kruger said the immunity granted to AU delegates would fail to meet constituti­onal muster if its purpose was to protect al-Bashir.

Political analyst Adam Habib said al-Bashir was unlikely to be arrested in South Africa, while Steven Friedman described the case as a “no-win” situation for the government. – Additional reporting by Reuters

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