Abstract
In June 2015, President Al-Bashir of Sudan attended the African Union (hereinafter ‘AU’) Summit hosted in South Africa. The result was a Court process that revealed the legal complexities surrounding the execution of the arrest warrant issued against Al-Bashir. With Bashir’s attendance of the Summit, the potential conflict of obligations that arise as a result of the arrest warrant became real for South Africa. The aftermath – although I hasten to add that the full repercussions will continue to unfold – of the circumstances of Al-Bashir’s arrival in and departure from South Africa, without being arrested by South African authorities, was a judgment by the North Gauteng High Court (hereinafter the ‘NGHC’) determining that there was a duty to arrest Al-Bashir and to surrender him to the International Criminal Court (hereinafter the ‘ICC’).
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