Pre-Trial Chamber II of the International Criminal Court has issued an order convening a public hearing on 6 July 2017 for the delivery of its decision on the compliance by the Republic of South Africa with the Court’s request for arrest and surrender of Mr Omar Hassan Ahmad Al Bashir to the ICC.
Omar Al Bashir is facing charges of genocide, war crimes and crimes against humanity. The first warrant for arrest was issued on 4 March 2009, and the second on 12 July 2010.
The Chamber has invited the Prosecutor and Representatives of South Africa to attend the hearing.
The ICC notes in, a press release that, ‘despite the Court’s request for arrest and surrender of Omar Al Bashir to the Court, South Africa did not arrest and surrender him while he was on its territory between 13 and 15 June 2015.”
South Africa told the International Criminal Court it was under no duty to arrest Sudanese President Omar al-Bashir when he came to Johannesburg in 2015, according to VOA.
On 7 April 2017, Pre-Trial Chamber II held a hearing where it received submissions from Representatives of the Republic of South Africa and from the Prosecutor, for the purpose of a determination under article 87(7) of the Statute, in particular on the issues of:
- whether South Africa failed to comply with its obligations under the Statute by not arresting and surrendering Omar Al Bashir to the Court while he was on its territory; and, if so,
- whether circumstances are such that a formal finding of non-compliance by South Africa in this respect and referral of the matter to the Assembly of States Parties to the Rome Statute and/or the Security Council of the United Nations are warranted.