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African Union less interested in the international crimes

There are many questions than answers crossing our minds as President Omar Al-Bashir is travelling freely across the state parties to the Rome Statute (ICC). Today, a South African Court has yielding to consider the arrest warrant after hearing the petitioners. Since the ICC had put arrest warrant on the sitting President of Sudan, the President has been visiting African states freely despite the demand for national courts to order an arrest order on him. Omar Hassan Ahmad al-Bashir (Arabic: عمر حسن أحمد البشير‎; born 1 January 1944) is the President of Sudan and the head of the National Congress Party. He came to power in 1989 when, as a brigadier in the Sudanese army, he led a group of officers in a military coup that ousted the democratically elected government of Prime Minister Sadiq al-Mahdi after it began negotiations with rebels in the south. Since then, he has been elected three times as President in elections that have been under scrutiny for corruption. In March 2009, al-Bashir became the first sitting president to be indicted by the International Criminal Court (ICC), for allegedly directing a campaign of mass killing, rape, and pillage against civilians in Darfur.
The president has visited Kenya, Nigeria, Ethiopia, Uganda and many others. Today, he is attending the AU Summit in South Africa – The high court in Pretoria issued an interim order preventing Bashir from leaving South Africa until an urgent application to force authorities to arrest him is heard.Judge Hans Fabricius orders that Sudanese Pres #Al-Bashir not leave SA until SALC arrest application. Adjourns until 3 to hear argument.
Former Justice Nicolas Ombija in Kenya ruled that President Omar Al-Bashir would be arrested whenever he steps within the Kenyan borders, in November 2011. AU and Kenya were not amused. The Judge ever since has been vetted out for being arrogant. He lost his job but the order he made is still pending. In March 2013, over two years after the ruling, the Judges and Magistrates Vetting Board sealed the fate on Justice Ombija and the charges against his suitability was that he was found to be temperamental. Being temperamental means that one is not rational enough. Whether this is sufficient ground for being dismissed from the bench is a prominent question.In an African Union-related trip to Nigeria in 2013, Mr. Bashir abruptly cut short his visit when Nigerian human rights lawyers moved to seek his arrest in a domestic court. It is wanting if South African government will comply or defy the international justice and human rights to which it is a signatory.
What this weblog is ready to discuss today is whether South African High Court will issue the order of arrest and whether the State will support the request of the ICC? Will President Jacob Zuma allow his counterpart to be humiliated or will he defend him? Will the AU accept one of its staunch members to be arrested and send to the world court? Will South Africa defy the treaty and let Omar Al-Bashir out of net? This is an ethical dilemma facing South Africa, the African Union and its leadership now.
The Republic of Kenya is one of the states that are forthrightly against the ICC. Already Kenya is demanding her on-going cases to be terminated. Another use of state arrogance towards the international criminal justice. Kenya allowed Mr. Al-Bashir into the country on the 27th August 2010, at the promulgation of the new constitution.
The Government of President Jacob Zuma has defied the ICC to avoid the embarassment of the AU. The fugitive President is now back home safely. Now the ICC must think of plan B. Read us, follow us, like us…be the first to comment.

About Peter Onyango

Dr. Peter Onyango O. is one of our main contributors. He is a senior law lecturer, a writer, a consultant, peace ambassador, and a researcher. He assists so many professionals, legal minds, and debaters with his skills and scholarly wealth! He supports children and village community as a way of giving back to community. He edits, proof reads, and publishes various articles for our page!

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