ICC to pile pressure on SA over Bashir

Sudanese President Omar al-Bashir. File picture: Siphiwe Sibeko

Sudanese President Omar al-Bashir. File picture: Siphiwe Sibeko

Published Oct 27, 2015

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Johannesburg - The Prosecutor of the International Criminal Court is concerned that Sudanese President Omar al-Bashir, who has a warrant of arrest out for him, will travel to South Africa again and wants the organisation to firm up its demands on the country.

It has also requested that the confidentiality with respect to the filings relating to these proceedings be lifted, and confirmation that South Africa has a continuing obligation to arrest al-Bashir.

A warrant of arrest is out for al-Bashir, who is accused of war crimes. South Africa, a member of the ICC, failed to arrest him when he attended an African Union summit in the country.

In a document to the Pre-Trial Chamber of the ICC, the prosecutor says it also wants relief on the “opportunity to be heard on the steps to be taken with respect to a deadline for the Republic of South Africa to submit its views in relation to the proceedings under article 87(1) of the (Roman) Statute should the domestic legal proceedings in South Africa not be finalised by 31 December 2015”.

South Africa has until the end of the year to explain to the ICC why it did not arrest al-Bashir after the country requested more time. The matter is currently being heard in the South Africa’s courts as well, but it likely to wrap up by the end of the year.

“The prosecution seeks the relief specified… out of concerns for the potentiality open-ended time frame that may result for the need for resolution of the domestic proceedings, indications that al-Bashir may travel to South Africa again, and the manner in which the proceedings have been represented in South Africa’s submissions in support of its request for an extension of time,” the document reads.

The ICC prosecutor wants to be heard on whether any further extension of time should be allowed to South Africa to provide its views if domestic legal proceedings have not been finalised by December 31.

South Africa initially claimed that it did not have to arrest al-Bashir as he was attending an AU event. It also believes that the ICC did not give it sufficient time for consultation when it demanded al-Bashir’s arrest.

The country has indicated in court documents that given bilateral relations between South Africa and Sudan and their co-membership of the AU, it is likely that al-Bashir could return to the country.

Labour Bureau

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