The International Criminal Court says its judges can refer South Africa to the UN security council for failing to hand over Sudanese president Omar Al-Bashir when he attended the African Union summit.
Under the court's normal procedures, a report will be put together on whether South Africa breached its obligations under the Rome Statute which is the legal agreement binding countries to the ICC.
From The Hague, Jack Parrock has this report.
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REPORTER VO:
Greeted with celebrations on his return to Sudan, president Al-Bashir's visit to South Africa left a path of political and legal complications in its wake.
Now the International Criminal Court says procedures mean its judges will consider whether to refer South Africa to the assembly of the 123 countries signed up to the ICC for not fulfilling its obligation in handing him over.
BITE: Fadi El-Abdullah - ICC Spokesperson
"Because the ICC mandate is only about prosecuting individuals for war crimes, crimes against humanity and genocide charges. But in case of violation of the Rome Statute, then what the ICC can do, if the judges decide so, is to refer the matter to the Assembly of states parties. And when there is investigation that was opened upon referral by the Security Council, it can be referred to the Security Council. But then the ICC doesn't have any role further than that."
REPORTER VO:
The ICC has issued 2 arrest warrants against President al-Bashir for war crimes, crime against humanity and genocide for his alleged involvement in crimes committed in Darfur since 2003.
The UN says the death toll from the fighting in Sudan has killed more than 300 thousand people
As a signatory of the ICC's founding document, the Rome Statute, South Africa is obligated to hand over those indicted by the court - as the court itself does not have its own police force.
Many African leaders have called for a mass African withdrawal from the statute and there are fears South Africa could now lead such a move.
BITE: Elizabeth Evenson - Human Rights Watch
"South African has been a leader on international justice, it was one of the founding members of the ICC and its had such a significant role in this court, in supporting this court, so it is difficult to imagine that that is a step that the South African government would really by prepared to take."
REPORTER VO:
But countries like Russia, China and the US aren't signed up to the ICC, and the African continent has the most members in the assembly of states parties.
REPORTER ON SCREEN: Jack Parrock, Brussels - Twitter: @jackeparrock
The court is yet to file a report on the situation of president al-Bashir not being arrested in South Africa, but if the judges do eventually decide to refer it to the assembly of states parties, it could spark ever greater tensions between the ICC and the African continent.
Jack Parrock
Video Journalist - FSN Brussels
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