THE Supreme Court of Appeal on Tuesday confirmed that the government acted unlawfully in its it failure to try and arrest Sudanese President Omar al-Bashir when he came to SA in June last year.
Mr Bashir is wanted by the International Criminal Court (ICC) for war crimes, crimes against humanity and genocide. The judgment means Mr Bashir, and others wanted for international crimes, will risk arrest if they visit SA.
In June last year, SA was scandalised when Mr Bashir, who came to attend an African Union (AU) summit, spirited himself out of the country despite a court order that he not be allowed the leave.
His departure led to a stern rebuke to the government by the judges of the Pretoria High Court.
On Tuesday appeal court judge Malcolm Wallis, on behalf of a unanimous bench, also had strong words on this.
He said the explanation by government — that Mr Bashir’s passport was not among those showed to the Waterkloof air base officials — was "simply risible".
"Senior officials representing government must have been aware of President al-Bashir’s movements," he said.
The assurances given to the High Court that he was still in the country were false he said. Either the government or its lawyers had misled the court.
"Whichever is the true explanation, a matter no doubt being investigated by the appropriate authorities, it was disgraceful conduct."
Judge Wallis rejected the government’s argument that government could not arrest Mr Bashir because he had immunity as a sitting head of state.
He said SA had incorporated the Rome Statute — which established the International Criminal Court — into its law.
In so doing, SA had moved from being an "international pariah" to "play a full role as an accepted member of the international community".
When it domesticated the Rome Statute, it did so on the basis that all forms of immunity under international law would not prevent the arrest of someone wanted for international crimes in order to bring him before the International Criminal Court, said Judge Wallis.
Sudanese President Omar al-Bashir. Picture: REUTERS/MOHAMED NURELDIN ABDALLAH
THE Supreme Court of Appeal on Tuesday confirmed that the government acted unlawfully in its it failure to try and arrest Sudanese President Omar al-Bashir when he came to SA in June last year.
Mr Bashir is wanted by the International Criminal Court (ICC) for war crimes, crimes against humanity and genocide. The judgment means Mr Bashir, and others wanted for international crimes, will risk arrest if they visit SA.
In June last year, SA was scandalised when Mr Bashir, who came to attend an African Union (AU) summit, spirited himself out of the country despite a court order that he not be allowed the leave.
His departure led to a stern rebuke to the government by the judges of the Pretoria High Court.
On Tuesday appeal court judge Malcolm Wallis, on behalf of a unanimous bench, also had strong words on this.
He said the explanation by government — that Mr Bashir’s passport was not among those showed to the Waterkloof air base officials — was "simply risible".
"Senior officials representing government must have been aware of President al-Bashir’s movements," he said.
The assurances given to the High Court that he was still in the country were false he said. Either the government or its lawyers had misled the court.
"Whichever is the true explanation, a matter no doubt being investigated by the appropriate authorities, it was disgraceful conduct."
Judge Wallis rejected the government’s argument that government could not arrest Mr Bashir because he had immunity as a sitting head of state.
He said SA had incorporated the Rome Statute — which established the International Criminal Court — into its law.
In so doing, SA had moved from being an "international pariah" to "play a full role as an accepted member of the international community".
When it domesticated the Rome Statute, it did so on the basis that all forms of immunity under international law would not prevent the arrest of someone wanted for international crimes in order to bring him before the International Criminal Court, said Judge Wallis.
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