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South Africa to fight Bashir's arrest warrant for war crimes Sudan says president Omar al-Bashir has left South Africa
(35 minutes later)
South Africa will argue against a court application to force the government to arrest Omar al-Bashir, president of Sudan, who has been indicted by the international criminal court, the justice ministry said. Sudan’s state minister says President Omar al-Bashir has left Johannesburg, as a South African court prepared to rule over an international warrant for his arrest.
Bashir, who is in South Africa attending an African Union summit, is accused of war crimes and crimes against humanity in an ICC arrest warrant over atrocities committed in the Darfur conflict. The South African government had said it would argue against a domestic court application to force the arrest of Bashir, who has been indicted by the international criminal court.
Bashir, who was attending an African Union summit in South Africa, is accused of war crimes and crimes against humanity in an ICC arrest warrant over atrocities committed in the Darfur conflict.
On Sunday, Judge Hans Fabricius barred Bashir from leaving South Africa until he had decided on an application by a human rights group calling for Bashir’s arrest.On Sunday, Judge Hans Fabricius barred Bashir from leaving South Africa until he had decided on an application by a human rights group calling for Bashir’s arrest.
Related: Omar al-Bashir: conflict in Darfur is my responsibilityRelated: Omar al-Bashir: conflict in Darfur is my responsibility
The judge’s hearing resumed at 09.30GMT on Monday but was adjourned for an hour so the court could study documents submitted by the state.The judge’s hearing resumed at 09.30GMT on Monday but was adjourned for an hour so the court could study documents submitted by the state.
State advocate William Mokhari said “to the best of our knowledge” Bashir remained in South Africa, although he said five ports of exit had yet to confirm they had received an order not to allow him to leave.
Caroline James, the lawyer for rights group the Southern African Litigation Centre, said she believed there was a real risk Bashir would soon leave the country and the application for his arrest would become “mute”. Caroline James, the lawyer for rights group the Southern African Litigation Centre, earlier said she believed there was a real risk Bashir would soon leave the country and the application for his arrest would become “mute”.
South Africa’s government has challenged the court’s decision because it has given immunity to Bashir and all other delegates attending the AU summit.South Africa’s government has challenged the court’s decision because it has given immunity to Bashir and all other delegates attending the AU summit.
“We will meticulously argue for the application to be dismissed,” Mthunzi Mhaga, spokesman for the justice ministry, told local television station ENCA.“We will meticulously argue for the application to be dismissed,” Mthunzi Mhaga, spokesman for the justice ministry, told local television station ENCA.
Sudanese officials said the court order had no value because Bashir was invited by the South African government and said the president would leave on Monday. Sudanese officials said the court order had no value because Bashir was invited by the South African government.
“President Bashir is still in Johannesburg but we are leaving South Africa today,” Mohamed Hatem told Reuters.
As many as 300,000 people have died in the Darfur conflict and 2 million have been displaced, the United Nations says.As many as 300,000 people have died in the Darfur conflict and 2 million have been displaced, the United Nations says.
On Sunday, South Africa criticised the ICC for unfairly focusing its indictments on African leaders and said the Hague court was “no longer useful”.On Sunday, South Africa criticised the ICC for unfairly focusing its indictments on African leaders and said the Hague court was “no longer useful”.
The response has put South Africa on a collision course with western leaders as the US State Department and the United Nations criticised Jacob Zuma’s government.The response has put South Africa on a collision course with western leaders as the US State Department and the United Nations criticised Jacob Zuma’s government.
“The international criminal court’s warrant for the arrest of President al-Bashir on charges of crimes against humanity and war crimes is a matter I take extremely seriously,” the UN’s secretary-general, Ban Ki-moon, told reporters in Geneva. “The authority of the ICC must be respected and its decision implemented.”“The international criminal court’s warrant for the arrest of President al-Bashir on charges of crimes against humanity and war crimes is a matter I take extremely seriously,” the UN’s secretary-general, Ban Ki-moon, told reporters in Geneva. “The authority of the ICC must be respected and its decision implemented.”
South Africa is an ICC signatory and therefore obliged to implement arrest warrants but the ruling African National Congress has said it wants the court’s statutes to be reviewed to ensure a “fair and independent court”.South Africa is an ICC signatory and therefore obliged to implement arrest warrants but the ruling African National Congress has said it wants the court’s statutes to be reviewed to ensure a “fair and independent court”.
The ICC issued arrest warrants for Bashir in 2009 and 2010. He has long rejected the court’s authority.The ICC issued arrest warrants for Bashir in 2009 and 2010. He has long rejected the court’s authority.