Omar al-Bashir is sought by the International Criminal Court (ICC) for both war crimes and crimes against humanity. The two warrants for his arrest, issued in 2009 and 2010 respectively, cover a range of alleged atrocities and include charges relating to murder, extermination, forcible transfer, torture, rape and genocide.
Al-Bashir is currently the only head of state wanted for genocide and has been evading arrest for years, mostly travelling to countries hostile to the ICC. His decision to attend the African Union Summit suggests he had been reassured by the South African government that he would be safe from arrest.
In defending this stance, AU leaders echoed the criticism of the ICC that it focuses largely on small and weak states, predominantly in Africa, while ignoring allegations against western states. This view is substantiated by the fact that the United States confirmed that despite signing the Rome Statue in 2000, it “does not intend to become a party to the treaty”. China is also not a party to the treaty and voted against the establishment of the Court in 1998.
As a signatory to the Rome Statute, South Africa is, however, obligated by international law to honour warrants issued by the Court. By granting him immunity to attend the summit, and allowing him to flee when it became evident that the Pretoria High Court may rule that he be detained, the ANC government demonstrated a blatant disregard for the rule of law.
In the coming days and weeks we will no doubt see junior officials take the blame for this miscarriage of justice, as was the case when the Guptas landed at Waterkloof air base. But make no mistake, this further serves to illustrate how the executive branch under President Jacob Zuma has become a law unto itself with utter disregard for the separation of powers.
The decision to renege on our obligation as a signatory to the Rome Statue is not only a violation of both international and domestic law, but a contradiction of the principles on which our Constitution is based. In defending their stance the ANC has openly attacked the ICC and dismissed it as “no longer useful”. This pronouncement undermines South Africa’s position as the torchbearer of human rights in Africa and calls into question the values underlying our foreign policy.
In 1993, Nelson Mandela wrote in Foreign Affairs magazine that South African foreign policy would be based on “our belief that human rights should be the core concern of international relations” and that “we are ready to play a role in fostering peace and prosperity in the world we share with the community of nations”. Moreover, one of the six pillars of future foreign policy was the recognition that “considerations of justice and respect for international law should guide the relations between nations”.
Since the presidency of Thabo Mbeki and his infamous policy of quiet diplomacy on Zimbabwe, we have seen our government drift further and further away from the noble ideals of Mandela, instead basing our foreign policy on political expediency.
It is a sad day for our country when the same government that denied an entrance visa to the Dalai Lama, a Nobel Peace Prize laureate, is complicit in allowing a man wanted for crimes against humanity to evade justice.
The criticisms of the Court notwithstanding, we must acknowledge the allegations made against al-Bashir and allow justice to take its course. If South Africa is truly on the side of human rights then we must promote the cause of justice regardless of the race or origin of those being accused of violations. We cannot turn a blind eye to the plight of fellow Africans as has too often been the case with our diplomatic relations on the continent over the past two decades.
Time is running out for South Africa as our government increasingly rejects the principles on which our democracy is built. It is incumbent upon us to stand up against the destruction of what we hold dear. We cannot allow the dream of a democratic South Africa to be destroyed.
This weekend the Democratic Alliance (DA) launched Vision 2029 in which we lay out what a future under a DA-led government in South Africa would look like. Part and parcel of this vision is a commitment to foreign policy premised on human rights that will allow South Africa to once again serve as a beacon of hope to the developing world.
We must fight to restore South Africa to its rightful position among the great nations of the world and reclaim our moral authority as a bastion of human rights. This is more than just a dream but our shared responsibility as a member of the community of nations to advance peace, prosperity and freedom in the world. DM
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