International Criminal Court Declines to Refer South African Non-compliance to the Assembly of States Parties or the Security Council

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Author: 

Michael Plachta

Date Published: 

Friday, July 14, 2017

Volume: 

33

Issue: 

7

Subject Areas: 

International Criminal Court
War Crimes

Geographic Identifier: 

South Africa
Sudan

Abstract: 

On July 6, 2017, Pre-Trial Chamber II of the International Criminal Court (“ICC” or “Court”) delivered in open session its decision finding that South Africa failed to comply with its obligations by not arresting and surrendering Omar Al-Bashir to the Court while he was on South African territory between June 13 and 15, 2015. However, the Chamber considered that it is not warranted to refer South Africa's non-compliance to the Assembly of States Parties (“ASP”) or the Security Council of the United Nations (“UNSC”).