South Africa is waiting to hear the international Court’s decision on Pretoria’s failure to arrest the Sudanese President when he attended an AU summit in Johannesburg in 2015.
There is an international warrant out for his arrest over alleged war crimes. South Africa is a member of the ICC and the Rome Statute which formed the court.
SA says it could not arrest and surrender one of the ICC’s most wanted fugitives because, according the AU, the Sudanese president’s position guaranteed him diplomatic immunity. If SA is found to have failed in its obligations the judges could refer the case to the UN Security Council.