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Omar Al-Bashir Case: ICC Decides Not To Refer South Africa To The ASP Or The UNSC

Unic Press UK: The Pre-Trial Chamber II of the International Criminal Court, ICC declined Thursday to refer the South African government to the Assembly of States Parties (“ASP”) or the Security Council of the United Nations (“UNSC”) over the country’s refusal to arrest/surrender Omar Al-Bashir to the Court while he was on South African territory between 13 June 2015 and 15 June 2015.

South African government’s refusal to arrest/surrender Omar Al-Bashir had prevented the Court from carrying out its duties, the Pre-Trial Chamber II said.

The Court further ruled that there was no point in making a referral to the ASP and/or the UNEC, given that a court of competent jurisdiction in South Africa had already decided that the South African government was in breach of its obligations when it failed to arrest Omar Al-Bashir who was in the country in June 2015.

In a press release on Thursday, the 6th July 2017, the ICC said:

“The situation in Darfur, Sudan, was referred to the Court by the United Nations Security Council in its resolution 1593 of 31 March 2005. The Prosecutor opened an investigation in June 2005. On 4 March 2009 and 12 July 2010, respectively, the ICC issued two arrest warrants against Omar Al-Bashir for five counts of crimes against humanity (murder, extermination, forcible transfer, torture and rape), two counts of war crimes (intentionally directing attacks against a civilian population as such or against individual civilians not taking part in hostilities, and pillaging), and three counts of genocide allegedly committed against the Fur, Masalit and Zaghawa ethnic groups in Darfur, Sudan, from 2003 to 2008.”

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