Omar al-Bashir arrives in Khartoum
State had an obligation to arrest him, says ICC
SUDANESE President Omar alBashir arrived in Khartoum from Johannesburg yesterday‚ hours after a court ordered him not to leave South Africa as it decided whether to arrest him over alleged war crimes.
Judge President Dunstan Mlambo ruled that the government’s failure to arrest al-Bashir was inconsistent with the constitution.
The Pretoria High Court found that the government was in contempt of court and should have arrested and detained al-Bashir who attended the African Union summit in Sandton.
He is wanted by the International Criminal Court (ICC) for alleged war crimes‚ crimes against humanity and genocide in the Darfur region.
Dressed in his traditional white robes‚ a triumphant al-Bashir waved his trademark cane in the air as he stepped off the plane and shouted: “God is greatest!”
Walking down a red carpet leading from the aircraft‚ he was greeted by his ministers on the tarmac as well as a crowd of journalists and photographers.
Al-Bashir‚ 71‚ was indicted over his alleged role in the Darfur conflict. African rebels in the western region launched an insurgency against his Arab-dominated government in 2003‚ complaining they were being marginalised.
The United Nations says 300 000 people have died in the conflict since‚ and another 2.5 million forced to flee their homes.
In his ruling yesterday‚ Mlambo said the government had failed to take reasonable steps to arrest alBashir and detain him pending a formal request for his arrest by the ICC.
State advocate William Mokhari told the court after its ruling that the government had confirmed that al- Bashir had left South Africa from Waterkloof air base earlier yesterday.
He said the exact circumstances of al-Bashir’s departure would be investigated.
The court then ordered that the government file an affidavit within seven days disclosing when al-Bashir left and which port of departure was used.
The Southern African Litigation Centre brought the application for an order com- pelling South Africa to issue a warrant for al-Bashir’s arrest on Sunday.
The ICC’s chief deputy prosecutor, James Stewart, yesterday expressed disappointment at South Africa’s failure to arrest al-Bashir.
“The ICC is disappointed that he was not arrested. Our position has always been that South Africa’s obligation is clear and unequivocal. It had an obligation to arrest him‚” he said.
South Africa is a signatory of the ICC‚ which has often been criticised for only targeting Africa leaders. – AFP