CAPE TOWN, July 6 (Xinhua) -- South African Parliament on Thursday refuted a ruling by the International Criminal Court (ICC) that the country had failed in its duty to arrest Sudanese President Omar al-Bashir when he was in the country.
The ICC on Thursday ruled that South Africa had a duty to arrest Bashir in June 2015 when he was attending an African Union Summit in Johannesburg and surrender him to the ICC.
Parliament's Portfolio Committee on International Relations and Cooperation has noted the ICC ruling on the matter, Committee Chairperson Siphosezwe Masango said.
"We should remember that President Al-Bashir did not visit South Africa on an invitation from government, but was attending an African Union summit. He therefore enjoyed immunity like any other head of state," Masango said.
The principles of diplomatic immunity applied in this matter, he stressed.
The committee remains convinced that South Africa acted in the best interests of African states and her people by not arresting a sitting head of state, said Masango.
If the ICC ruling is insistent that South Africa must have arrested the president of Sudan, then that is justification enough for the South African government to leave the ICC "as a matter of urgency," Masango said.
"South Africa ought to have been treated like the United Nations where presidents attend important meetings in the United States and can not be arrested while on those assignments," he said.
Nelson Kgwete, spokesperson of the Department of International Relations and Cooperation, said the South African government will seek legal opinions on available options regarding the dispute.
"In the meantime, South Africa reiterates its total commitment to the principles of international justice," Kgwete said.
Also on Thursday, the opposition Democratic Alliance (DA) welcomed the ruling, saying it "is an indictment" on the government led by the African National Congress (ANC).
"This judgement reiterates what the DA has long held -- that the actions of the ANC-led government in June 2015 showed a disregard for the rule of law and for the principle of justice," the DA said.
South Africa rejected an ICC request to arrest Bashir when he was attending the 25th AU Summit in Johannesburg in June, 2015. Bashir is wanted by the ICC for alleged anti-humanity crimes.
The South African government argues that in addition to complying with its obligations to the ICC, the country has obligations to the AU, which rules that no organization can arrest any sitting head of state in African countries.
In October last year, the government announced that it had begun the process of withdrawing from the ICC.
But later the government revoked its intent to withdraw from the ICC after the High Court in Pretoria ruled that the government's move to withdraw from the ICC was "unconstitutional and invalid without prior Parliament's approval."
