The Al Bashir debacle

Show simple item record Van der Vyver, J.D. (Johan David) 2016-02-23T09:36:08Z 2016-02-23T09:36:08Z 2015
dc.description.abstract This article deals with the failure of states to comply with their obligation to execute the warrant issued by the International Criminal Court for the arrest of President Omar Hassan Ahmed Al Bashir of Sudan. President Al Bashir is to stand trial on serious charges, including acts of genocide, based on action taken on instructions of President Al Bashir to eliminate nationals of Sudan who are not of Arab extraction. President Al Bashir may be depicted as the Adolph Hitler of Africa by virtue of his efforts to create a Sudanese Herrenvolk and, in the process, causing the death of between 200 000 and 400 000 members of African tribes in the Sudanese province of Darfur and the displacement of approximately 2,5 million people. A special focus of the article is the hosting of President Al Bashir by the South African government in June 2015 at a summit of the African Union in Johannesburg, in blatant defiance of the rule of law, and escorting him out of the country in contempt of an order of the High Court, Gauteng Division. South Africa claimed that its obligations as a member state of the African Union prevented it from executing the warrant of arrest. However, South Africa was compelled to execute the warrant of arrest (a) as a state party to the ICC Statute; (b) because the Security Council had instructed all member states of the United Nations to do so, and (c) because South Africa’s own Rome Statute Implementation Act, 2002 requires it of South African authorities. Claiming that President Al Bashir as a head of state enjoyed sovereign immunity is also based on a false premise, since sovereign immunity does not apply to prosecutions in international tribunals. Maintaining that President Al Bashir is immune from prosecution in the ICC is criticised in the article. en_ZA
dc.description.librarian hb2015 en_ZA
dc.description.uri en_ZA
dc.identifier.citation Van der Vyver, JD, 2015, 'The Al Bashir debacle', African Human Rights Law Journal, vol. 15, no. 2, pp. 559-579. en_ZA
dc.identifier.issn 1609-073X (print)
dc.identifier.issn 1996-2096 (online)
dc.identifier.other 10.17159/1996-2096/2015/v15n2a16
dc.language.iso en en_ZA
dc.rights Juta Law en_ZA
dc.subject Genocide en_ZA
dc.subject Rule of law en_ZA
dc.subject Sovereign immunity en_ZA
dc.subject African Union (AU) en_ZA
dc.subject International Criminal Court (ICC) en_ZA
dc.subject President Omar Hassan Ahmed Al Bashir of Sudan en_ZA
dc.subject Warrant of arrest en_ZA
dc.subject South African authorities en_ZA
dc.title The Al Bashir debacle en_ZA
dc.type Article en_ZA

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