Bashir: Immunity and Impunity and South Africa

The document argues that South Africa is legally obligated by its own domestic legislation to uphold the Rome Statute, despite political pressures from the African Union. It critiques the ICC for perceived bias and double standards while simultaneously criticizing the Malabo Protocol for exempting heads of state from the jurisdiction of a proposed African court, thereby perpetuating impunity for political elites.

• South Africa is legally bound to implement the obligations of the Rome Statute not only as an international signatory but through its own domestic law, specifically the Implementation of The Rome Statute of The International Criminal Court Act 27 of 2002. While there may be political pressure to follow AU resolutions, the author asserts this is distinct from a legal obligation.
• The International Criminal Court (ICC) is described as an imperfect instrument characterized by a double standard in justice. This is evidenced by the fact that major powers like the US, Russia, India, and China are either not signatories or have not ratified the Statute, and current investigations are exclusively focused on Africa.
• The indictment of Al-Bashir in 2009 as the first sitting president created a tension between the pursuit of justice for victims and the practical political needs of ending a conflict, which often require immunity to facilitate negotiations.
• The 2014 Malabo Protocol aims to give the African Court of Justice and Human Rights jurisdiction over 14 'international' crimes. However, the author argues that because the Protocol excludes heads of state or government from its jurisdiction, it fails to demonstrate a political commitment to ending impunity for political elites.

APA

South African Institute of International Affairs (2015). Bashir: Immunity and Impunity and South Africa. https://saiia.org.za/research/bashir-immunity-impunity-and-south-africa/

Chicago

South African Institute of International Affairs. Bashir: Immunity and Impunity and South Africa. 2015. https://saiia.org.za/research/bashir-immunity-impunity-and-south-africa/.

Wikipedia

{{cite press release |author=South African Institute of International Affairs |title=Bashir: Immunity and Impunity and South Africa |date=15 June 2015 |url=https://saiia.org.za/research/bashir-immunity-impunity-and-south-africa/ |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{southafricaninstituteofinternationalaffairs2015bashir, author = {{South African Institute of International Affairs}}, title = {{Bashir: Immunity and Impunity and South Africa}}, publisher = {South African Institute of International Affairs}, year = {2015}, month = jun, url = {https://saiia.org.za/research/bashir-immunity-impunity-and-south-africa/}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }