Al-Bashir judgment not pointless - ICC lawyer

2015-06-15 18:23
Sudanese President Omar al-Bashir. (AFP)

Sudanese President Omar al-Bashir. (AFP)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Pretoria - Even if Sudanese President Omar al-Bashir has fled South Africa, a ruling by the High Court in Pretoria compelling the state to arrest him is not pointless, a lawyer from the International Criminal Court (ICC) said on Monday.

"The judgment is not an exercise in futility. It can be implemented by the United Nations security council," advocate Thokwane Post Moloto told News24 after the ruling was handed down.

"He can even be fetched in his own country by the UN forces."

Judge President Dunstan Mlambo, Deputy Judge President Aubrey Ledwaba and Judge Hans Fabricius ruled earlier that government's failure to detain Al-Bashir was "inconsistent with the constitution of the Republic".

"The respondents are compelled to take reasonable steps to arrest President al-Bashir without a warrant... and detain him pending a formal request for his surrender from the International Criminal Court," Mlambo said.

But following the order, William Mokhari, SC, for the government, told the court: "I have been informed by the government that they have reliable information that President al-Bashir has departed from the Republic."

He said the state security minister had informed him that the circumstances of Al-Bashir's departure would be investigated.

The judges then made an order requesting that an affidavit must be filed by the minister in the presidency and the state security minister on how Al-Bashir managed to leave the country.

He is wanted by the ICC to stand trial on charges of genocide and crimes against humanity committed in Darfur, which left 300 000 dead. 

On Sunday, Fabricius granted an interim order preventing him from leaving the country pending the application for his arrest.

Moloto said Al-Bashir's reported departure had left open a lot of questions. "Someone must come and explain what happened."

Caroline James from the Southern African Litigation Centre, who brought the application for his arrest, told News24 the SALC was "deeply disappointed" that he had left the country.

"This was a direct contravention of the order granted yesterday," she said.

When asked what was SALC's next step, James responded: "We can't comment on the next step yet, but we will issue a statement later in the day."

Justice ministry spokesperson Mthunzi Mhaga said he had no comment.

Read more on:    au  |  icc  |  omar al-bashir  |  pretoria

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
146 comments
Comments have been closed for this article.

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

PARTNER CONTENT
WATCH: How education can change a life

A university education gives students the chance to create a better future for themselves, their families and to opportunity achieve their dreams.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.