The International Criminal Court (ICC) found that the South African government has violated their agreement according to the Rome Statute when it failed to arrest Sudanese President, Omar Al-Bashir in 2015.
In April, South Africa appeared before the ICC where it defended its decision not to arrest Sudanese President when he was in the country in June of that year.
Spokesperson for the International Criminal Court, Fadi El Abdallah, says the judges declared that it was South Africa's legal obligation to arrest and surrender Omar Al-Bashir to the ICC.
The judges found that by not arresting Omar Al-Bashir South Africa violated its obligation towards the ICC in virtue of the Rome Statute, the treaty which South Africa is party to.— Fadi El Abdallah, Spokesperson for the International Criminal Court
El Abdallah says the court deliberated on whether it was necessary to refer this non-compliance of the Rome Statute to the Security Council of the United Nations.
The ICC judges took into consideration the manner in which South Africa interacted with it before Al-Bashir visited the country. South Africa contacted the ICC seeking its legal obligation in the matter and advice on what to do, says El Abdallah.
He says although found guilty of non-compliance, the ICC cannot sanction states but can only refer the matter to the Security Council for them to take appropriate measures.
The legal framework has been very clear now by the national courts of South Africa and the ICC. They are both saying that South Africa has the legal obligation to arrest Omar Al-Bashir.— Fadi El Abdallah, Spokesperson for the International Criminal Court
To hear more of this interview, listen below:
This article first appeared on CapeTalk : If he sets foot in SA again, Al-Bashir should be arrested - ICC