Sudanese president to skip Mandela funeral amid ICC arrest fears: report

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December 9, 2013 (WASHINGTON) - Sudanese president Omer Hassan Al-Bashir
will not be travelling to South Africa to participate in the memorial
service for former president Nelson Mandela who passed away last week.

Newly-appointed first vice-president Bakri Hassan Saleh, who was sworn in
earlier this week, will represent Sudan at the event, according to a list
released by South Africa’s international relations and cooperation
department.

A spokesman for the Sudanese embassy confirmed to South Africa’s Sunday
Independent newspaper that Bashir would not be attending in order to avoid
any complications associated with his indictment by the International
Criminal Court (ICC).

South African officials said no invitations had been sent out to world
governments for the funeral, and it was left up to individual countries to
decide who to dispatch.

The event is expected to be one of the largest gatherings in recent years,
bringing together heads of state and top officials from all around the
world, including former leaders.

Among the 59 heads of state expected to attend is US president Barack
Obama, who will also be joined by his predecessors George W Bush, Bill
Clinton and Jimmy Carter.

Bashir faces two outstanding arrest warrants issued by ICC judges on 10
counts of war crimes, crimes against humanity and genocide allegedly
committed in Sudan’s western region of Darfur.

South Africa is a signatory to the Rome statute which forms the basis of
the ICC and is therefore obliged to arrest the Sudanese head of state.

Although several African countries that are ICC members have previously
received Bashir without arresting him, legal experts point out that South
Africa is one of the few countries that have domesticated the Rome statute
into its national laws.

As a result, the apprehension of the Sudanese leader becomes a requirement
imposed by local South African laws that the executive branch cannot
overrule.

South African officials have made statements in the past indicating that
they have no option but to arrest Bashir should he set foot on their
territory.

Nonetheless, South Africa has backed all African Union (AU) resolutions
calling for the suspension of the arrest warrant against Bashir and
ordering member states not to cooperate with the ICC in this regard.

Johannesburg has also lent its support to an AU decision last October which
stated that sitting African heads of state should not be prosecuted. The
move came in response to the ICC case against Kenyan president Uhuru
Kenyatta and his deputy William Ruto, who are currently facing trial in The
Hague for their alleged role in 2007 post-election violence.

(ST)

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