AS IT HAPPENED: SA appears before ICC over failure to arrest Sudan’s Bashir

2017-04-07 14:00

Get the latest details as South Africa appears before the ICC to defend its failure to arrest Sudanese President Oma al-Bashir who is wanted on charged of genocide.

Omar al-Bashir
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Last Updated at 20:47
07 Apr 15:55

The hearing concludes.

The chamber to present its conclusions in "due course".


07 Apr 15:54
President #bashir notified us after he landed in SA, very last minute, we were aware of the concern, "govt wheels turn slow"

07 Apr 14:47

07 Apr 14:08
Hearing adjourns. It will resume at 15:00

07 Apr 14:04

07 Apr 14:01
Nicholls wraps up. #ICC needs state parties to comply in order to prevent impunity. Acts of non-compliance (like SA) are severe

07 Apr 14:00
Rastan: Instead of preventing al-#Bashir leaving (SA in 2015), SA assisted him in leaving. Never intended to arrest him in 1st place #ICC

07 Apr 13:59

Rastan: SA triggered article 97 consultations.

ICC said SA must arrest al-#Bashir, SA wanted futher consultations. SA should have prevented him leaving


07 Apr 13:43
Rastan: SA agreed to article 72 which clearly states domestic law on immunities should not impede surrendering charged people to

07 Apr 13:42
Rastan: ICC has no police as enforcement so relies on cooperation of states (to arrest those charged). Otherwise can't end impunity

07 Apr 13:38

07 Apr 13:35
ICC representative Rod Rastan shoots down SA argument that it couldn't arrest al-#Bashir because Sudan not Rome Statute signatory. UNSC referral sufficient

07 Apr 13:31

07 Apr 13:12
Prosecutor:SA failed legal obligation and now searching for legal impediment to rely on

07 Apr 13:11
#ICC prosecutor: SA is (wrongly) arguing that this court is not competent to interpret laws on its own jurisdiction

07 Apr 13:11
Next #ICC prosecutor is concluding court's case. He too struggles to speak slowly. "I have SLOW DOWN written on top of every page

07 Apr 13:11

07 Apr 12:59

07 Apr 12:58
Prosecutor: There would have been no confusion if SA approached the court sooner

07 Apr 12:57

07 Apr 12:57
Prosection: if duty to arrest Al-Bashir (which SA agreed it had) was such complex matter, why did S-Africa ask so late for #ICC consultation

07 Apr 12:35
Nicholls presents affidavit by DG of Presidency to prove cabinet received confirmation from al-#Bashir beginning June 2015 of AU summit

07 Apr 12:35
Nicholls: Consultations (#ICC & SA govt) 12/6/2015, day before al-#Bashir landed) done correctly. Even if SA objects, still had to arrest

07 Apr 12:26
Nicholls: we acknowledge SA's contribution to #ICC in the past but it cannot excuse non-compliance (to arrest al-Bashir)

07 Apr 12:25
ICC prosecutor Julian Nicholls: SA simply disregarded obligation to co-operate with arresting al-#Bashir simply because they disagreed with law

07 Apr 12:22
ICC prosecutor is now making the court's case on SA's failure to arrest al-#Bashir. Says yes, SA failed, and yes must go to ASP/UNSC

07 Apr 12:09
Arguments at the ICC have started again after a 30-minute tea break. ICC representatives will now present their case on SA failing to arrest

07 Apr 11:48
The hearing takes a 30min break

07 Apr 11:46
Tladi is also asking the ICC chamber that it looks at the interpretation of the relevant UNSC resolutions relevant to this matter

07 Apr 11:45
Tladi: SA can't disengage from AU or obligations to host summit. But political and diplomatic complexities in legal labyrinth

07 Apr 11:39
Take note: South Africa is insisting to International Criminal Court judges that it did not have to arrest Sudanese President Omar al-Bashir when he visited Johannesburg in 2015.

07 Apr 11:24
Tladi: Some context- should not reduce this case or criminal justice project to a single individual

07 Apr 11:24

07 Apr 11:23

07 Apr 11:20
Tladi: Nothing in law to show SA excused from obligation under domestic law (of immunity) because Sudan not in Rome Statute

07 Apr 11:19

07 Apr 11:19
Here is the link to South Africa's submission to the ICC from which Prof Dire Tladi is currently arguing:

07 Apr 11:06
Tladi: Presence of jurisdiction of an international court or tribunal is not equal to immunity of national jurisdiction (Malawi, Chad)

07 Apr 11:03
Tladi: Duty to arrest al-#Bashir is not as clear as the prosecutor of the #ICC is making it out to be

07 Apr 10:53
Tladi: SA had no obligation under Rome Statute to arrest sitting head of state like al-#Bashir, who is not signatory to RS #ICC

07 Apr 10:45
Tladi:Case has far-reaching legal consequences beyond al-#Bashir. It's about immunity of many heads of state, integrity of Rome Statute

07 Apr 10:41
Tladi: It's not true that SA provided for unimpeded travel for al-#Bashir in particular. Provisions were for AU summit as a whole

07 Apr 10:40
Tladi: issue is not whether SA violated obligations under SA law, but whether transgressions under Rome Statute/int law

07 Apr 10:39
Prof Dire Tladi now has the floor. He is also told to speak more slowly. He admits it is difficult for him

07 Apr 10:39
De Wet: Article 97 consultations, the meeting held btwn #ICC-SA June 2015 day before #Bashir landed-was quasi-judicial, but should be diplomatic

07 Apr 10:38
De Wet: South Africa is not an accused (in this hearing) and sovereign states governed by rules and procedure

07 Apr 10:38
Message from the interpreters on the system again. Could De Wet please slow down? She does so with some effort ..

07 Apr 10:32
Tarfusser interrupts De Wet. Could she speak more slowly for the interpreters? She slows down marginally

07 Apr 10:31
State legal representative Sandia de Wet now making SA case at #ICC. First time such a public hearing held, she says

07 Apr 10:31
SA's legal counsellor in The Hague, Andre Stemmet, it also here to represent South Africa's case. - Carien du Plessis 

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