South African Cabinet threatens to pull out of world court over Al Bashir

25 June 2015 - 12:55 By RDM News Wire

Minister in the Presidency Jeff Radebe has announced that South Africa will review its participation in the International Criminal Court in the wake of the debacle surrounding fugitive Sudanese president Omar al Bashir’s attendance at an African Union summit in Gauteng. Under the ICC’s Rome Statute terms‚ heads of state do not enjoy immunity.Radebe said SA has to balance its obligations to the ICC with its obligations to the AU and individual states. In addition‚ he asserted‚ the ICC must have been aware that SA‚ in execution of the warrant‚ would breach its agreement with the AU.President Jacob Zuma’s government is facing the risk of criminal charges over its handling of Al Bashir’s departure from the country last week.Pretoria High Court Judge Dunstan Mlambo yesterday said the departure of the Sudanese president - who is wanted for war crimes - despite a court ruling barring him from leaving pending a decision on whether to execute a warrant of arrest against him‚ demonstrated the state's disregard for the order.The judge issued a grave warning‚ stating: "If the state or an organ of state‚ or state officials don't abide by court orders‚ the democratic edifice will crumble stone by stone until it collapses and chaos ensues".A democratic state based on the rule of law could not exist or function if the government ignored its constitutional obligations and failed to abide by court orders‚ Mlambo said.On the Web: Here are the provisions of the Rome Statute: http://legal.un.org/icc/statute/99_corr/cstatute.htm..

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