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| Sudan president Omar al-Bashir leaves South Africa as court considers arrest | |
| (35 minutes later) | |
| The Sudanese president, Omar al-Bashir, has flown out of South Africa in defiance of the country’s high court, which was considering whether to enforce an international warrant for his arrest. | |
| Related: Omar al-Bashir case suggests South African foreign policy is going rogue | Related: Omar al-Bashir case suggests South African foreign policy is going rogue |
| The abrupt departure, announced by a Sudanese official, came amid urgent calls from the United Nations general secretary, Ban Ki-moon, the EU and the US for Bashir to be detained. | The abrupt departure, announced by a Sudanese official, came amid urgent calls from the United Nations general secretary, Ban Ki-moon, the EU and the US for Bashir to be detained. |
| His flight is a severe setback to the authority of the international criminal court. The ICC has issued two warrants seeking the Sudanese leader’s arrest and accusing him of war crimes and crimes against humanity for atrocities committed in the Darfur conflict. | |
| As Bashir’s plane took off from Waterkloof military airport outside Pretoria, the local high court was hearing arguments over an application that would have forced the South African government to arrest him. | As Bashir’s plane took off from Waterkloof military airport outside Pretoria, the local high court was hearing arguments over an application that would have forced the South African government to arrest him. |
| A South African judge criticised the government for allowing Bashir to leave. | A South African judge criticised the government for allowing Bashir to leave. |
| “The conduct of the respondents to the extent that they have failed to take steps to arrest and detain the President of Sudan Omar al-Bashir is inconsistent with the constitution of the Republic of South Africa,” Judge Dunstan Mlambo said. | “The conduct of the respondents to the extent that they have failed to take steps to arrest and detain the President of Sudan Omar al-Bashir is inconsistent with the constitution of the Republic of South Africa,” Judge Dunstan Mlambo said. |
| Bashir had travelled to South Africa for a summit of African Union leaders that was chaired by Zimbabwe’s president, Robert Mugabe, who has urged African leaders to pull out of the ICC. | Bashir had travelled to South Africa for a summit of African Union leaders that was chaired by Zimbabwe’s president, Robert Mugabe, who has urged African leaders to pull out of the ICC. |
| African states accuse the court, which is based in The Hague, of only targeting political leaders on their continent and failing to bring those responsible for war crimes in the Middle East and elsewhere to justice. | African states accuse the court, which is based in The Hague, of only targeting political leaders on their continent and failing to bring those responsible for war crimes in the Middle East and elsewhere to justice. |
| Human rights groups, however, were outraged that Bashir could openly defy arrest. The Southern Africa Litigation Centre had filed an urgent application to overturn a government decision to grant immunity to all delegates attending the African Union summit. | Human rights groups, however, were outraged that Bashir could openly defy arrest. The Southern Africa Litigation Centre had filed an urgent application to overturn a government decision to grant immunity to all delegates attending the African Union summit. |
| On Sunday, Judge Hans Fabricius in South Africa’s high court had issued an interim order barring Bashir from leaving the country. The South African government had said it would argue against the court application on the grounds that it had granted delegates at the conference immunity. | On Sunday, Judge Hans Fabricius in South Africa’s high court had issued an interim order barring Bashir from leaving the country. The South African government had said it would argue against the court application on the grounds that it had granted delegates at the conference immunity. |
| Related: Omar al-Bashir: conflict in Darfur is my responsibility | Related: Omar al-Bashir: conflict in Darfur is my responsibility |
| The judge’s hearing resumed at 9.30am GMT on Monday but was adjourned so the court could study documents submitted by the state. | The judge’s hearing resumed at 9.30am GMT on Monday but was adjourned so the court could study documents submitted by the state. |
| “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. | Sudanese officials said the court order had no value because Bashir was invited by the South African government. |
| “[The] world stood [with] South Africa to fight apartheid but it stands for impunity for mass murder of Africans,” Kenneth Roth, director of Human Rights Watch, said on Twitter. | “[The] world stood [with] South Africa to fight apartheid but it stands for impunity for mass murder of Africans,” Kenneth Roth, director of Human Rights Watch, said on Twitter. |
| “South Africa has shamefully flouted ICC and domestic court to free man wanted for mass murder of Africans,” he added. | “South Africa has shamefully flouted ICC and domestic court to free man wanted for mass murder of Africans,” he added. |
| 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 court was “no longer useful”. | On Sunday, South Africa criticised the ICC for unfairly focusing its indictments on African leaders and said the 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 Ban 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 Ban 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. |