To arrest or not to arrest the incumbent head of state : the Bashir Case and the interplay between law and politics

Indictment by Sudanese President Omar Al Bashir by the International Criminal Court (ICC) on charges of war crimes against humanity and genocide – reluctance of national authorities to arrest Bashir – head of state immunity argument – South African Government’s response to the ICC arrest warrant – whether states must cooperate with the ICC where there is an arrest warrant against a sitting head of state of a non-state party – implications for state responses.