SouthAfrica faces diplomatic row over ICC demand
June 14, 2015, 11:13 am

President Jacob Zuma, AU Chairperson President Robert Mugabe, Senegal President Macky Sall, among others at the 33rd Session of the NEPAD Heads of State and Government Orientation Committee (HSGOC) held on the margins of the African Union’s 25th Summit at Sandton Convention Centre, Johannesburg on 13 June 2015 [GCIS]

The court has suggested that South Africa must arrest Sudanese President Omar Al-Bashir when he arrives in Johannesburg, South Africa to attend the ongoing 25th African Union (AU) Summit.

The row is taking diplomatic rules into uncharted waters.

Analysts warned that by arresting Bashir, South Africa would be breaching the Vienna convention which governs global diplomatic ties.

“Legal problem with Al Bashir arrest is The Vienna Convention on Diplomatic Relations of 1961. Can’t arrest him when in diplomatic duty,” tweeted Bo Mbindwane, a South African business leader and geo-political analyst.

The Vienna text states that diplomats/diplomatic missions “shall not be liable to any form of arrest or detention”.

Although South African authorities are yet to confirm, Al-Bashir reportedly arrived in South Africa Saturday night.

A South African court issued an interim order on Sunday preventing Al-Bashir leaving the country, until the judge hears an application calling for his arrest.

Omar al-Bashir, a sitting head of state has been indicted for genocide, war crimes and crimes against humanity by the ICC. Al-Bashir has been in power for 26 years. The ICC issued an arrest warrant for him six years ago.

The ICC President on Saturday sent out a statement that said he “expresses his deep concern about the negative consequences for the Court in case of non-execution of the warrants by States Parties and, in this regard, urges them to respect their obligations to cooperate with the Court”.

“To this end, he calls on South Africa, which has always contributed to the strengthening of the Court, to spare no effort in ensuring the execution of the arrest warrants if the information received is confirmed,” the ICC statement added.

On Friday, the AU ordered a court sitting in Senegal in July to try former Chadian President Hissene Habre for alleged crimes against humanity committed during his presidency between 1982 and 1990.

This is seen as an unprecedented move by the AU to set up an “African court” to try African leaders accused of crimes against humanity.

If the trial is successful, the model could be used as way to punish African leaders instead of sending them to the ICC, AU Commission Director of Legal Counsel, Vincent Nmehielle said.

“Habre’s issue has been in the African Union for quite some time, following what is believed to be atrocities committed during his era as President. This is significant for us, for the first time the AU is involved in the trying of a former Head of State,” Nmehielle said.

TBP and Agencies