The South African government’s decision to withdraw from the ICC should not be seen in isolation. The African Union has called on its member states to withdraw from the court.
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Students at the University of Khartoum are protesting about a secretive plan to move the institution from its historic buildings.
South Africa’s withdrawal from the ICC could have mere symbolic value. The country will continue to have obligations to binding decisions taken by the UN Security Council – including those pertaining to the court.
Omar al-Bashir’s planned trip to New York to address a summit on sustainable development at the UN General Assembly involves considerable reputational risk for the US.
Tensions are probably inevitable in any constitutional democracy that empowers the courts to overrule the executive and legislature. But, judges are worried cabinet undermines the rule of law.
The ICC has not lived up to its noble intentions of making the world more just. Its failure echoes that of the 1928 Kellogg-Briand Pact, which set out to banish wars and to settle disputes peacefully.
The South African government’s failure to arrest Omar al-Bashir flies in the face of the Constitutional Court’s decision in 2014 that South Africa has a duty to abide by its international obligations.
The attempt to arrest al-Bashir is the first time a court in an ICC member state has come to answering the question whether a sitting head of state can be detained and handed over to the ICC.
Omar al-Bashir left South Africa as a court dragged its feet over whether to stop him. This is probably illegal – and it’s par for the course.
As a signatory to the Rome Statute, South Africa is obliged to arrest Omar al-Bashir and end his status as a fugitive from international law for war crimes allegedly committed in the conflict in Darfur.
Countless Nuba children have been killed by shrapnel, others from a loss of blood pouring from severed limbs. Others have stepped on landmines planted by Sudan’s troops.
Despite an African Union report warning the election would not be fair, the vote looks set to extend Omar al-Bashir’s 26-year rule.
Kontributor teratas
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Senior Research Fellow, Norwegian Institute of International Affairs and Visiting Professor University of Buckingham, Norwegian Institute of International Affairs
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Associate Professor of International Studies, University of Nottingham
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Senior Research Fellow, Horn of Africa and Southern Africa, Institute of Commonwealth Studies, School of Advanced Study, University of London
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Lecturer in History, Newcastle University
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Professor of History, Durham University
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PhD Candidate, Middle Eastern Studies, University of Exeter
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Research Professor and Executive Director of the World Peace Foundation at The Fletcher School, Tufts University
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Professor Emeritus, University of Arkansas
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Associate Professor International Law, Roskilde University
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Senior Lecturer in International Relations, University of Tasmania
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Lecturer in Criminal and Military law and the Law of Armed Conflict at the Faculty of Military Science, Stellenbosch University
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Extraordinary Lecturer, University of Pretoria
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Professor in International Law, NRF Research Chair in International Law, University of Johannesburg
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Professor of History, Colgate University
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Director & SARChI Research Chair: Political Economy of Migration in the SADC Region, University of Pretoria
