South Africa has been summonsed to the International Criminal Court to explain its failure to honour international agreements. The country could be in hot water over its failure to carry out an international arrest warrant for Sudanese President Omar al-Bashir.But South Africa is likely to get away with nothing more than a slap on the wrist.International Law experts believe South Africa doesn't have a defence, as the Rome Statute is clear in what it expects of its members.But Bonita Meyersfeld, a law expert, says there may be an argument that would put the country's strategic and political needs above ICC requirements."As much as South Africa has an obligation to the ICC it also has a regional obligation to the African Union (AU). South Africa can argue politics in its submission to the ICC but cannot say that the international law is not clear," said Meyersfeld.Bashir, accused of genocide in Darfur, was able to leave an African Union summit hosted by South Africa and fly home, in defiance of a ruling by a South African court ordering his detention under a warrant from the ICC in June.The ICC yesterday ordered South Africa to submit by October 5 the reasons for its failure to arrest Bashir.African analyst and senior lecturer at Wits University Koffi Koaukou said the ICC might issue a warning or fine South Africa."South Africa can argue that Bashir is no longer here and that there is nothing they can do because it is not their job to arrest or detain anyone. By law they are guilty. South Africa may face a penalty and it's not good for their image as a law- abiding nation," said Koaukou.The South African Litigation Centre said the ICC's request for a submission is really an opportunity for South Africa to state its position before the international community and should be welcomed in the interests of fairness for all parties involved."It is hoped that South Africa will continue to cooperate and constructively engage with the existing international criminal justice mechanisms," said the centre's Angela Muduku.President Jacob Zuma defended the decision to let Bashir leave the country, saying he had immunity as a guest of the AU, but experts believe South Africa had an agenda in letting Bashir go and it was a form of protest against the ICC for perceived selective targeting of African leaders."South Africa has a strong African policy and will support Africa at all costs," said Koaukou."African leaders are saying the ICC is only targeting Africans and focusing on black leaders and not the white leaders," said Meyersfeld.There has been talk of South Africa ending membership of the ICC, but experts said it would be a complex process and affect the country's image...