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Supreme Court dismisses Bashir appeal

Source: News24, 17/03/2016


Supreme Court dismisses Bashir appeal
2016-03-15 - News24
Bloemfontein - The Supreme Court of Appeal has dismissed the State's
appeal against a high court ruling that government's failure to arrest
Sudanese President Omar al-Bashir was inconsistent with its
constitutional duties.
"The decision by the South African government not the arrest Al-Bashir
was inconsistent with South African law. Therefore the application is
dismissed," Judge Carole Lewis said on Tuesday.
When Bashir entered South Africa last June for an African Union
summit, the SA Litigation Centre approached the high court for an
order that government enforce an International Criminal Court (ICC)
arrest warrant on him.
On June 15, the High Court in Pretoria ordered the government to
arrest Bashir and said its failure to do so would be unconstitutional.
Despite this, he was allowed to leave the country.
South Africa is a signatory to the ICC's Rome Statute, which sets out
the crimes falling within the ICC's jurisdiction and the procedures
and the mechanisms for states to co-operate with the court.
The ICC had two outstanding warrants for Bashir, issued in 2009 and
2010. It wants him to stand trial on allegations of crimes against
humanity, genocide and war crimes committed in Sudan`s western
province of Darfur.


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