Durban: Sudanese president Omar Al-Bashir,
sought by a top international court for war crimes in Darfur
will be arrested if he sets foot in South Africa, a top
official said on Saturday.
"If today, President Al-Bashir landed in terms of the
provision [of the Rome Statute], he would have to be
arrested," said Ayanda Ntsaluba, a senior Foreign Affairs
official of South Africa. The country is a signatory to the
Rome Statute, which governs the International Criminal Court.
Al-Bashir is being sought by the International
Criminal Court(ICC) for war crimes. The ICC has issued an
arrest warrant against the Bashir on seven counts of war
crimes and crimes against humanity committed in Sudan`s
Western region of Darfur.
Ntsaluba, Director General for International Relations
and Co-Operation, issued a clarification today on South
Africa`s position regarding the ICC arrest warrant after more
than 130 civil society and human rights groups across Africa
called on African governments that are signatories to reaffirm
their commitment and obligation to the ICC.
"The ICC has issued an arrest warrant for President
Al-Bashir and this requires signatory states to execute the
warrant should he land on their soil. We are a member of the
ICC, we have got certain obligations, not only that, our
Parliament passed a law and that law is extremely explicit
about what would happen if a situation like that happens,"
Ntsaluba said.
He said he did not foresee the government acting
outside the framework of the international laws which South
Africa had ratified.
"We would not renege on our international legal
obligations." Ntsaluba said his statement did not conflict
with South Africa`s acceptance of the African Union`s
resolution early in July not to co-operate with the ICC in
executing the warrant.
At the time, the AU said that the resolution had been
adopted by consensus, although later some countries including
Botswana, Chad and Uganda said they were committed to the
Rome Statute.
Ntsaluba said while South Africa respected the ICC`s
efforts to end impunity for war crimes in Darfur, the ICC has
not made enough effort to engage the AU to coordinate efforts
to end the fighting in that country.
But there was a legal framework in place that guided
the South African Government, he said.
"We are signatories of the Rome Statute under which
the ICC was established. Because the treaty has been ratified
by Parliament, for South Africa to not observe its obligations
is arguably unconstitutional and against the law.
"I do not foresee the government acting outside the
framework of the law," he said.
Dr Ntsaluba said the AU would continue to press the
United Nations Security Council (UNSC) to defer President
Al-Bashir`s indictment within the confines of international
commitments and South Africa`s own constitutional mandate.
Bureau Report
