South Africa defends stance on ICC-Sudan row amid criticisms
July 8, 2009 (WASHINGTON) — The South African government sought to defend its position regarding the African Union (AU) resolution adopted last week in their semi-annual summit halting any cooperation with the International Criminal Court (ICC) in the arrest of Sudanese president Omer Hassan Al-Bashir.
The AU has reportedly adopted the resolution by consensus but the Vice president and foreign minister of Botswana said that the issue was not properly debated and member countries were forced to accept it under pressure from Libya which chairs the pan-African body.
Botswana is the only ICC member at the AU to announce that it will not abide by the Sirte resolution and will arrest the Sudanese president if he visits.
Observers were awaiting to see how South Africa, a heavyweight country in the continent, would act on the issue of the ICC.
In May, South Africa informed Sudan that Bashir would be arrested if he attends the inauguration of the president-elect Jacob Zuma. Sudan’s First Vice President Salva Kiir was dispatched instead.
However, Bashir in an interview with BBC the same month said that he could have travelled to South Africa if he wanted to.
South Africa along with Botswana were the only two countries to publicly announce their intention to execute the arrest warrant if needed.
The ‘Cape Town’ newspaper based in South Africa had also reported that the deputy justice minister Andries Nel upheld his government’s commitment to the ICC during a meeting of African members of the court in Addis Ababa last month contemplating withdrawal from the Rome Statute, which is the founding text of the ICC.
The newspaper said that Nel further called on the AU to “increase its co-operation with the ICC and firmly reject the view that the ICC was picking on Africa because all four situations it was prosecuting were on this continent”.
However, following the Sirte summit questions were raised on the commitment of South Africa to fulfill its obligations under the Rome Statute.
The newspaper quoted unidentified South African officials who acknowledged that government “is in a difficult position” over the resolution which conflicts with its obligations under the Statute.
The officials commented on Botswana’s dismissal of the AU resolution saying “it is not an option for South Africa” which they say is “deeply involved” in attempts to resolve the conflicts in South Sudan and in Darfur.
They further said that they blame the ICC for not engaging with the AU on trying to suspend the arrest warrant for 12 months under Article 16 of the Rome Statute. Only the UN Security Council (UNSC) is empowered to invoke a deferral.
The AU said that their decision was in response to the UNSC ignoring their request to suspend the arrest warrant.
“How is it going to help the ongoing peace processes in South Sudan and Darfur, if Al-Bashir is behind bars?” one official said. “We need him to take those processes forward.”
The AU decision on non-cooperation with the ICC will not take place until it is ratified by the parliament the officials said. It is not clear how long the process will take as it involves a complex legal issue
Last week the Sudanese foreign ministry spokesperson Ali Al-Sadiq said he thought the AU decisions are binding to its members, so Bashir would not have to wait for further approval from the parliaments of each state.
South Africa’s judiciary committee in the parliament did not immediately respond to a request for comment.
The influential, privately-owned South African daily Business Day said that South Africa’s president Jacob Zuma failed his first foreign policy test by allowing the resolution to go through.
“The government should have unequivocally distanced itself from the AU’s gangster approach towards the Rome Statute on the International Criminal Court (ICC), to which South Africa is a signatory,” its editorial said.
“With the exception of Botswana….the African heads of state consciously chose, however, to ignore a process that they started. Instead they resolved to dishonor a treaty obligation….South Africa’s silence on the AU’s resolution implies that the government would be willing to host al-Bashir in this country”.
“SA cannot have its cake and eat it too; it can either take a stand against the AU as a signatory to the ICC and fight for justice, or allow the AU to resort to the old ways of its predecessor, the Organization of African Unity, which protected political despots and dictators”
Business Day cited the spokeswoman of the Department of International Relations and Co-operation Nomfanelo Kota as saying that while South African government would explain its position in due course, the AU resolution was not indicative of the government’s attitude to the ICC.
(ST)
oshay
South Africa defends stance on ICC-Sudan row amid criticisms
Sudan and South Africa have strong and historical links with each other, there is no denying that. What President Zuma may have said in the past doesn’t really reflect what he means inside. Sudan has maintained excellent relations with the previous president so there wouldn’t have been any need for relations to sour this time. I don’t not believe that it is up to foreigners to decide which Sudanese should prosecuted whether it is from the North or the South.
What many seem to forget is that President Bashir cannot be arrested until the Sudanese Parliament relinquishes his diplomatic immunity that’s why the arrest warrant was given to the Sudanese government not member states of the AU. Once Bashir has been removed from office only then can he be arrested.
This government has done something that we all should be proud of. It’s diplomatic skill is unrivaled. It has managed to turn every political crisis on its head. Which other third world African country has managed to raise serious question about the court, discredit its prosecutor and nearly make former proponents of the court withdraw their membership. I said it before and I’ll say it again the NCP needs to establish it’s own School Of Diplomacy as wing in the University Of Khartoum to teach newer generation how to handle political crises the way they do.
For the first time I will gladly vote for this party and our extremely competent President.
Akol Liai Mager
South Africa defends stance on ICC-Sudan row amid criticisms
Zuma must have been advised by Nelson Mandela a close friend of Jamal Abdel Nasir, an artchitecture of Pan Arabism that evolving to replace Africanism, Yasir Arafat, Hafiz Al Asad and Gadaffi.
Mandela advices are too dangerous and devastated to African Human Rights.
NIF Parliament which was formed at a gun point or through the use of Tanks and Jet Fighters cannot de-immunite itself.
Yes, an elected Sudanese parliament will never, ever waste a minute to legislate handing over of the suspects of Darfur genocide perprators leave alone lifting an immunity.
There is no such parliament in this world that can protect world most wanted criminals except NIF self-appointed parliament.
NIF has taught a culture of violence in Khartoum and Omdurman Islamic Universities and their graduate students have killed 2.5 millions in the South, Abyei, S. Blue Nile, S. Kordofan and now more than 350,000 Darfurians and may be up to half a million by the end of this year.
Presidents for life have gone and there is no doubt about NIF regime end. With or without Arabised AU, Darfur genocide perpetrators will lean against the wall behind closed doors at Hague no matter how long it takes or how many Zumas and Gaddafis justice will win.
Samson Shawel Ambaye
South Africa defends stance on ICC-Sudan row amid criticisms
Bashir must be arrested other wise the following report must also be considered like minor issue.
Casualties have been pouring into over-stretched hospitals in the Gaza Strip as Israel presses on with its offensive against Palestinian militant groups.
Palestinian medical officials say at least 90 people, including many civilians and 26 children, have been killed since the ground assault began.
There are currently heavy clashes on the northern outskirts of Gaza City.
Israel has confirmed that three of its soldiers were accidentally killed by their own side in northern Gaza.
The soldiers from the elite Golani Brigade were hit by shellfire from an Israeli tank and a number of other soldiers were wounded.
Intense diplomatic efforts are under way to resolve the crisis, but Israel has rejected calls for a ceasefire.
According to Palestinian medical sources, more than 500 people have been killed and some 2,500 wounded since the Israeli operation began 10 days ago. These figures cannot be independently verified.
Over one million Iraqis have met violent deaths as a result of the 2003 invasion, according to a study conducted by the prestigious British polling group, Opinion Research Business (ORB).
Ambago
South Africa defends stance on ICC-Sudan row amid criticisms
The Zuma administration in today’s south Africa must understand how other marginalized people in the continent are looking towards the continents giant as an example not only of people who defeated injustice in its worse form (the apartheid) , but also we expect to learn from them the real meaning of the rule of law.
We expect South Africa to show a good example of a government that keeps to its agreements.
South Africa in its attempt to assist in finding solutions to the problems in the Sudan, should not allow neither its leadership nor its foreign policy to be sudanized.
We in the Sudan, we know how much we have been dishonouring our agreements whether they are between ourselves as Sudanese people or between the Sudan and the international community and that is why we have been currently classified as a failed state.
It is Unfortunate to learn that the South African government has endorsed the coup against human values which was masterminded by the Libyan leader (who has not only been confusing politics in his country of Libya, but his records of evil doings are all over the world.), Muamar Ghadafi.
If at all the South African parliament of all parliaments in the world is going to adopt what the promoters of impunity in the African continent have resolved as an AU stand to allow al Bashir of Sudan to travel freely in this black continent while turning a blind eye to the ICC arrest warrant that is on his neck for crimes against humanity and several war crimes that he committed in Darfur, then South Africa would have no doubt failed its position as a leader in this black continent.
Have the Arabs at last succeeded to convince the African leaders to look down at their memberships in the ICC? Is the Arabized AU chaired by the controversial, geriatric Ghadafi final going to be a tool in the hands of a few tyrants for the promotion of IMPUNITY, even shamelessly dragging along with them presumed democracies like South Africa? What a shame when the whole thing practically turned out as a struggle between Botswana and Libya on whether Africa should honour its agreements and respect the rule of law or just succumb to Ghadafi’s dictatorial attitudes.
Old Ghadafi, you must be happy somewhere since you are already succeeding with your long dream of establishing your lawless empire the so –called united states of Africa where impunity would be the order of the day.
We know that the problems in the Sudan are not easy to handle, but we also more so expect that, a democratic law abiding South Africa should also live by its values while it is trying to help us find solutions to our( Sudanese) problems.
We in the Sudan have always been at war with ourselves simply because we do not abide by laws. We had our traditional Sudanese laws that used to hold the different communities together but we have deserted it. We had the Islamic Sharia laws imposed on us , but sooner than latter that it was rendered ineffective then eventually abandoned much so in dealing with the crisis in Darfur where the players in the conflict are all Muslims.
We signed the CPA between the NIF/NCP and the SPLM/A of the south, and now we are preparing for its burial. And in Sirte our fugitive al Bashir has yet made another triumphant move by winning the infamous AU declaration that he can freely roam the continent without the least fear of being arrested and handed over to the ICC over his crimes in Darfur.
AU is claiming to be airing its frustrations at the UNSC by endorsing impunity in the continent. Does any one buy that?
Dr. Justin Ambago Ramba, United Kingdom.
Hillary B.M.L,M
South Africa defends stance on ICC-Sudan row amid criticisms
South Africa, under Juma Administration is illusive.
Abyei
South Africa defends stance on ICC-Sudan row amid criticisms
I do not admire President Jacob Zuma nor Tham Mabki in anyway and the fact that they are not really Black Africa they are cowards,not like Nelson Mandela what matters to me is that they are Blck African in at the body,and they are an Arab at the Hearts,They are not True Africa.
Most South Sudanese were overjoyed when President Jacob Won the election.they believe he will follow foot step of Mandela than Previous Presidents Mabki and that he will look favourable on us!
I don’t think he will be able to live up to those expectations and many Southern dreams will not come true. my opinion leaves him alone very much in the minority and many people hate him for curruption in S.Afric too!many people workers. Some 70,000 construction workers in South Africa have gone on strike, halting work on stadiums being built for the 2010 World Cup.as well as you know one year to go!!!
No body
South Africa defends stance on ICC-Sudan row amid criticisms
It has just come to my notice that there are some countries who stand in the support preident Bashir not to go for ICC. South Africa is one them and it is big shame and suprise.
Let me appeal to South Africa that let them just wait for the ”WORLD CUP 2010”. The rest of Africa are still not happy that it will be played in their country. Let them leave Sudan alone although Sudan has students studying from there, they should funish Darfur because of that.
My problem is only Darfur, otherwise Arabs will never conquer South Sudan forever.
Thanks. James Tut.