South Africa says it may withdraw from the International Criminal Court after an outcry over the government's refusal to arrest Sudanese president Omar al-Bashir on genocide charges
Sudan’s president managed to leave South Africa in defiance of a court order - and escape possible arrest for genocide - by not presenting his passport at the airport, according to an official statement released on Thursday.
President Omar al-Bashir was driven to Waterkloof air base in a
motorcade escorted by the South African police, but immigration
officials apparently had no idea of his presence.
The High Court has compelled the authorities to explain how Mr Bashir was able to leave South Africa in his official jet after an African Union summit earlier this month.
A judge had ordered the government to prevent Mr Bashir’s departure, pending a ruling on whether he should be arrested
in accordance with an indictment from the International Criminal Court
(ICC) for alleged genocide, war crimes and crimes against humanity.
A statement from Mkuseli Apleni, the director general of the Department
of Home Affairs, says that he informed all ports of entry and exit
about the court order. Nevertheless, Mr Bashir and the Sudanese
delegation were then escorted to Waterkloof and allowed to take off.
Mr Apleni explained that officials at the military air base had not realised that Sudan’s president would be part of a Sudanese delegation, planning to depart on the Sudanese presidential jet, displaying the name “SUDAN” and carrying the flight number SUDAN01. The officials did not understand that Mr Bashir was present because, in accordance with normal procedure for heads of state, he did not personally show his passport.
“The passport of President Bashir was not part of the passports that were handed to immigration for processing of the persons that were on board the flight,” said Mr Apleni. “It would then appear from the above that President Bashir departed from the republic without his passport presented to the immigration officer.”
Jeff Radebe, the minister in the presidency, said that South Africa was considering leaving the ICC. “Such a decision will only be taken when South Africa has exhausted all remedies available to it,” he said.
But Mr Justice Dustan Mlambo of the High Court said the state had broken the law by allowing Mr Bashir to leave. He instructed prosecutors to consider charging the relevant officials. “A democratic state based on the rule of law cannot exist or function if the government ignores its constitutional obligations and fails to abide by court orders,” he said.
Telegraph...
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