A South
African judge on Sunday barred Sudanese President Omar al-Bashir from leaving
the country after the International Criminal Court called for him to be
arrested at a summit in Johannesburg.
Bashir,
who is wanted for alleged war crimes, crimes against humanity and genocide in
the Darfur conflict, mostly travels to countries that have not joined the ICC,
but South Africa is a signatory of the court's statutes.
The
ruling was the first time any court has prevented a head of state from leaving
a country following a request by the ICC, but Sudanese officials remained
defiant, insisting Bashir would return home on schedule.
The
Southern African Litigation Centre, a legal rights group, had launched an
urgent application in the Pretoria High Court to force authorities to arrest
Bashir on the opening day of the African Union summit.
"President
Omar al-Bashir of Sudan is prohibited from leaving the Republic of South Africa
until the final order is made in this application," Judge Hans Fabricius
said in his ruling.
"The
respondents are directed to take all necessary steps to prevent him from doing
so."
Despite
the arrest calls, Bashir joined a group photograph of leaders at the summit.
You can see the picture above.
Wearing a
blue suit, he stood in the front row for the photograph along with South
African host President Jacob Zuma and Zimbabwe's President Robert Mugabe, who
is the chair of the 54-member group.
"We
will leave on time as scheduled," Sudan Foreign Minister Ibrahim Ghandour
told AFP.
"We
are not abiding with any... decision of any court. We are here as guests of the
government of South Africa. Assurances have been made by that government."
Ghandour
joined other critics of the ICC, saying it was a court that targets African
leaders.
"President
Bashir is a leading president, a member of the summit of the African Union and
will continue attending the summits wherever they are being held inside
Africa," he said.
The ICC
called on South Africa "to spare no effort in ensuring the execution of
the arrest warrants" against Bashir.
It added
that South Africa diplomats had been pressed last month to arrest Bashir if he
attended the summit, but that they had replied they faced "competing
obligations" over the issue.
Bashir,
71, seized power in Sudan in an Islamist-backed coup in 1989.
The ICC
indictments relate to the western Sudanese region of Darfur, which erupted into
conflict in 2003 when ethnic insurgents launched a campaign against Bashir's
Arab-dominated government, complaining of marginalisation.
Khartoum
unleashed a bloody counter-insurgency using the armed forces and allied militia.
The
United Nations says 300,000 people have been killed in the conflict and another
2.5 million forced to flee their homes.
Khartoum,
however, disputes the figures, estimating the death toll at no more than
10,000.
"South
Africa has an obligation to arrest him," Johannesburg-based rights lawyer
Gabriel Shumba told AFP.
"Failure
to do so puts them in the same bracket as other African regimes who have no
respect for human rights. It's actually a test for South Africa."
As Judge
Fabricius gave his ruling and said the court would meet again on Monday, the
summit opened five hours late with Zuma not mentioning the issue in his opening
remarks.
"As
a member of the International Criminal Court, (South Africa) has committed to
cooperate with that court," Elise Keppler of Human Rights Watch told the
ENCA news channel.
"This
is an incredible moment for South Africa to do the right thing and to render
al-Bashir to the International Criminal Court.
"It's
quite possible that al-Bashir could in fact be taken into custody before he
leaves the country."
The South
African government and African Union officials made no comment on the court
ruling.
The
summit is meeting for two days in the upmarket business and retail district of
Sandton under the official theme of the "Year of Women's Empowerment and
Development"
AP
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