Al-Bashir case: ICC Pre-Trial Chamber II decides not to refer South Africa’s non-cooperation to the ASP or the UNSC

The International Criminal Court has held that South Africa failed to comply with its obligations by not arresting and surrendering Omar Al-Bashirto the Court while he was on South African territory, as his immunities as head of state did not apply in a State that is a signatory to the Rome statute. However, the violation was not referred to the Assembly of States Parties or the Security Council of the United Nations.

Omar Al Bashir has been accused of 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 against the Fur, Masalit and Zaghawa ethnic groups in Darfur, Sudan.