Redefining jurisdictions: The ICC and the limits of International Justice

The recent tribulations of President Omar al-Bashir at the African Union Summit in South Africa highlighted some of the challenges of enforcing international law in apprehending accused persons. In events rivalling a Shakespearian classic, a sitting African head of state suffered the humiliation of having to be held to accountable for the abuses of power during his time in office. South Africa is a signatory of the Rome statute and is obligated to arrest Bashir as part of its role in cooperating with the court.

In addition to this, the fact that a Pretoria Court issued a warrant for the arrest of Bashir for fleeing the country, it illustrates the domestification of the Rome Statue into South African law. Bashir’s case is very interesting because it encapsulates issues of politics, diplomacy and international justice. It is however not clear the extent to which one would circumvent the other.