The Southern Africa Litigation Centre (SALC) says the question on whether Sudanese President Omar al-Bashir should have been arrested while in South Africa centres not around whether he would have been prosecuted in the country’s courts but rather that he should have been handed over to the International Criminal Court (ICC), for prosecution.
Advocate Wim Trengove, told the Supreme Court of Appeal in Bloemfontein, that South Africa as a signatory of the Roman Statue was obliged to apprehend Bashir.
Earlier, advocate Jeremy Gauntlett, representing government , argued that there was no obligation on South Africa to arrest Bashir referring to the fact that a notice was gazetted six days before Bashir arrived stating that all delegates at the summit will enjoy diplomatic immunity.
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