Sudan’ s president slipped out of South Africa yesterday
in apparent defiance of a court -ordered travel ban while
judges studied an arrest order from the International
Criminal Court ( ICC) .
The apparent dodge by Sudanese President Omar al-
Bashir allowed the country to avoid a potentially
sensitive confrontation between its obligations to the
ICC and opposition to the court from its African
partners.
The South African government yesterday argued
against a court application to force the government to
arrest al-Bashir .
Bashir stands accused in an ICC arrest warrant of war
crimes and crimes against humanity over atrocities
committed in the Darfur conflict .
Judge Hans Fabricius on Sunday barred Bashir from
leaving South Africa until he had made a decision on an
application by a human rights group calling for Bashir ’ s
arrest .
The judge ’ s hearing resumed yesterday 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.
He, however, said five ports of exit had yet to confirm
they had received an order not to allow the Sudanese
leader to leave.
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.
But Sudan’ s state news agency ( SUNA ) reported that
Bashir left South Africa aboard a flight bound for the
Sudanese capital , Khartoum.
The ICC’ s reach and jurisdiction is a major political
issue in Africa, where many claim the court is biased
against African leaders .
Earlier this month , South Africa ’ s Minister of
International Affairs , Maite Nkoana -Mashabane, said
diplomatic immunity would apply to all participants at
the African Union gathering .
But South African activists went to court to press for
the arrest of Bashir , who took power in a 1989 coup.
ICC prosecutor Fatou Bensouda has said South Africa
is obliged as a backer of the court to detain and
surrender Bashir.
In December , the ICC dropped charges against Kenyan
President Uhuru Kenyatta after the prosecution said it
had insufficient evidence. Kenyatta was charged in
connection with post -election violence that began in
2007 , leaving more than 1 ,000 dead .
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