Bashir Escapes South Africa-South Africa to Withdraw From ICC?

Last week, Sudanese dictator Omar al-Bashir attended an African Union summit, which was held in Johannesburg, South Africa. Bashir has a warrant from the International Criminal Court (ICC) for his involvement in war crimes and genocide in the Darfur region, which has resulted in as many as 300,000 killed.

Although the ICC issued Bashir’s warrant in 2009, he has not yet been arrested. Therefore, the South African High Court issued an order on June 14 that Bashir must remain in South Africa while the court determined if the ICC warrant should be carried out.

However, on June 15, Bashir was permitted to depart the country before the court made a final ruling. His presidential plane was able to depart from the Waterkloof Air Force Base, located on the outskirts of Pretoria (in South Africa).

Judges on the High Court in Pretoria ruled on June 15 that, “the failure to detain Bashir was inconsistent with the Constitution”, and also requested that an affidavit detailing Bashir’s departure be filed.

Not only was this action inconsistent with the Constitution, it also may have been a violation of law. The High Court has “said the government violated that law when it ignored a court order to bar Bashir from leaving the country”. The South African government had until the end of yesterday to reveal how Bashir was able to leave. Based on yesterday’s rulings, a human-rights organization known as The Southern Africa Litigation Centre may pursue contempt charges against South African government officials.

South African government officials previously claimed that Bashir was covered by diplomatic immunity while attending the summit, and was therefore allowed to leave. On the other hand, a South African newspaper released on Sunday a quote from a government official stating, “that at a meeting of security ministers it was agreed that South Africa would protect Mr. Bashir ‘even if it meant flouting court rulings and undermining the constitution’”.

According to the BBC, the High Court has ruled that Bashir did not have immunity from arrest while he was at the summit. Based on this ruling, the original claim of immunity, and the contradictory released statement, the South African government has been wrongfully acting beyond the scope of its constitution.

In response to the controversy, South Africa’s ruling African National Congress declared in the beginning of this week that the International Criminal Court was “dangerous”, and that South Africa should seriously consider withdrawing its membership. Lindiwe Zulu, the Small Business Minister of the South African government, argued, “that Africa needs to stand united in a common effort to solve problems of the past and present.” The ANC government is attempting to spin its refusal to detain Bashir as an example of upholding African unity in opposition to a meddling international community.

However, in the case of Bashir and regarding his violent history and the ICC’s call for his arrest, South Sudan, which Bashir has targeted through genocide, population displacement, and the destruction of culture, has been more than a vocal supporter of the dire need for Bashir’s arrest.

Arresting Bashir in South Africa would have required Bashir to face justice for the atrocities committed by the Sudanese regime under his rule. The next country that has the opportunity to arrest Bashir should not let the opportunity, or Bashir, slip away.