Category Archives: Omar al-Bashir

It’s Not Too Late — A Proposal for South Africa to Stay in the ICC

Posted on June 13, 2018 by Mark Kersten

A version of the following article was originally published in the Mail & Guardian and was co-authored with Richard Goldstone, former Chief Prosecutor of the International Criminal Tribunal for the former Yugoslavia and a member of the Africa Group for Justice … Continue reading →

Posted in International Criminal Court (ICC), International Criminal Justice, Omar al-Bashir, South Africa | Tagged | 3 Comments

Negotiated Engagement — The African Union, the International Criminal Court, and Head of State Immunity

Posted on March 5, 2018 by Mark Kersten

At the thirtieth summit of the African Union (AU) last month, African states took a bold decision. They agreed to ask the United Nations General Assembly to seek an advisory opinion from the International Court of Justice (ICJ) on the … Continue reading →

Posted in Africa, African Union (AU), ICC Prosecutor, International Criminal Court (ICC), International Criminal Justice, Omar al-Bashir | 5 Comments

Good Politics or Bad Law? The International Criminal Court, Bashir, and South Africa

Posted on July 21, 2017 by Mark Kersten

It came as quite the surprise. To be sure, observers of South Africa’s relationship with the International Criminal Court (ICC) fully expected that the Court’s Judges would eventually find that Pretoria had failed to cooperate in arresting and surrendering Sudanese … Continue reading →

Posted in African Union (AU), Darfur, International Court of Justice, International Criminal Court (ICC), International Criminal Justice, Omar al-Bashir, South Africa, Sudan | 1 Comment

Non-Compliance But No Referral – The ICC Muddies the Waters

Posted on July 20, 2017 by Mark Kersten

Angela Mudukuti joins us for this take on the decision by the International Criminal Court (ICC) regarding South Africa’s failure to arrest and surrender sudanese President Omar al-Bashir to the ICC. Angela Mudukuti is an international criminal justice lawyer with experience … Continue reading →

Posted in Darfur, Guest Posts, International Criminal Court (ICC), International Criminal Justice, Omar al-Bashir, South Africa, Sudan | 12 Comments

Some Thoughts on South Africa’s Withdrawal From the International Criminal Court

Posted on October 26, 2016 by Mark Kersten

Contrary to the suggestion of some, the dust on South Africa’s and Burundi’s (and Gambia‘s) withdrawal from the International Criminal Court (ICC) has not settled. It won’t for some time. These two withdrawals have sparked an intense debate on the … Continue reading →

Posted in Botswana, Gambia, ICC Prosecutor, International Criminal Court (ICC), International Criminal Justice, Omar al-Bashir, South Africa, Sudan | 5 Comments

Is the South African Government an Accessory to Genocide in Darfur?

Posted on March 31, 2016 by Mark Kersten

The Government of South Africa continues to be bombarded with criticism regarding its handling of a visit last summer by Sudanese President Omar al-Bashir, who faces war crimes, crimes against humanity, and genocide charges at the International Criminal Court (ICC) … Continue reading →

Posted in Afghanistan, Darfur, International Criminal Court (ICC), International Criminal Justice, Omar al-Bashir, South Africa | Tagged | 7 Comments

The Africa-ICC Relationship – More and Less than Meets the Eye (Part 2)

Posted on July 24, 2015 by Mark Kersten

The International Criminal Court (ICC) has an ‘Africa problem’. The Court is widely perceived as a Western, neo-colonial institution that unfairly targets African states. The ICC and its champions insist this isn’t the case. The Court is simply misunderstood and … Continue reading →

Posted in Africa, African Union (AU), Central African Republic (CAR), Chad, Child Soldiers, Darfur, Democratic Republic of Congo, Dominic Ongwen ICC, Hissène Habré, International Criminal Court (ICC), Ivory Coast / Côte d'Ivoire, Ivory Coast and the ICC, Lord's Resistance Army (LRA), Omar al-Bashir, Senegal, Special African Chamber (CAE), Sudan, Uganda, UN Security Council | 11 Comments