South African legal representatives have told the International Criminal Court (ICC) that government was under no obligation to arrest Sudanese president Omar al-Bashir.
The matter of South Africa’s failure to arrest al-Bashir when he was in the country in 2015 was before the ICC in the Hague in Netherlands on Friday.
The Southern Africa Litigation Centre (SALC) explains that ICC will decide whether or not South Africa complied with its obligations.
If the ICC finds that South African government failed to comply with its obligations, it may face the United Nations Security Council or all the ICC member countries, says SALC's Kaajal Ramjathan-Keogh.
If found to have been be non-compliant, the office of the prosecutor has requested that South Africa be referred to either the Assembly of States Parties to the Rome Statute or to the United Nations Security Council.— Kaajal Ramjathan-Keogh, Executive Director at the Southern Africa Litigation Centre
Al-Bashir is wanted by the court for several crimes, including genocide and crimes against humanity allegedly committed in Darfur.
Take a listen to Ramjathan-Keogh explain South Africa's legal arguments so far: