PREPARING FOR SOUTH AFRICA’S EXODUS FROM THE ICC: THE INTERNATIONAL CRIMES BILL

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Tuesday, December 3, 2019
Author: 
Konstantinos D. Magliveras and Gino J. Naldi
Volume: 
35
Issue: 
12
Abstract: 

In June 2015, the International Criminal Court (ICC) demanded that the government of the Republic of South Africa arrest Omar Al-Bashir,[1] the now-deposed President of the Sudan, who at the time was attending a session of the African Union (“AU”) Assembly in Johannesburg. Even though domestic courts ordered the government to do so,[2] a ruling subsequently upheld by the Supreme Court of Appeal,[3]Al-Bashir was not arrested but was allowed to leave the country. In September 2015, ICC re-Trial Chamber II held that these events warranted the opening of proceedings against South Africa, one of ICC’s original members and, for a long-time, a staunch supporter.  On October 19, 2016, South Africa notified the UN Secretary-General that it would withdraw from the Rome Statute, the treaty established the ICC,[4] a move that the ICC proceedings against it arguably caused, among other reasons.