Prosecutor v. Al-Bashir: Decision Under Article 87(7) of the Rome Statute on the Non-Compliance by South Africa with the Request by the Court for the Arrest and Surrender of Omar Al-Bashir (Int'l Crim. Ct.)

In: International legal materials: ILM, Volume 56, Issue 6, p. 1061-1090

Abstract

The ICC considered two central questions: First, whether South Africa failed to comply with its obligations under the statute by not arresting and surrendering Al-Bashir to the Court while he was in South African territory despite having received a request from the ICC under Articles 87 and 89 of the Statute for his arrest and surrender. Second, whether a formal finding of noncompliance by South Africa in this respect and referral of the matter to the Assembly of States Parties to the Rome Statute or to the United Nations Security Council are warranted.