ICC goes easy on South Africa to encourage future "cooperation"

The International Criminal Court (ICC) will not refer South Africa to the UN Security Council for censure despite ruling that South Africa breached its obligation to arrest Sudanese President Omar al-Bashir when he visited the country in 2015. The ICC had issued two arrest warrants against al-Bashir in 2009 and 2010 for war crimes, genocide and crimes against humanity committed in Darfur. In its decision issued on July 6, 2017, the ICC rejected South Africa's argument that al-Bashir was entitled to immunity as a head of state, but declined to refer South Africa to the UN Security Council or the overall membership of the ICC (known as the Assembly of State Parties) for failing to comply with the ICC's arrest warrant.

In the words of the decision:

"... the Chamber is not convinced that a referral to the Assembly of States Parties and/or the Security Council of the United Nations would be warranted in order to achieve cooperation from South Africa..."