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On July 4, 2017, the International Criminal Court (ICC) Pre-Trial Chamber II decided in Prosecutor v. Al-Bashir not to refer South Africa to the Assembly of States Parties (ASP) or the United Nations Security Council (UNSC) in regard to its failure to arrest Omar Al-Bashir while he was in South Africa. Although Sudan is not a party to the Rome Statute, the UNSC referred the situation in Darfur, Sudan, to the ICC and the Court may consequently exercise jurisdiction over crimes committed in Darfur or by its nationals from July 1, 2002 onwards. According to the press release, the Chamber noted that immunities of heads of state under customary international law would not apply to Al-Bashir in this situation and that states parties to the Rome Statute are under an obligation to execute the ICC’s arrest warrant against Al-Bashir. The Chamber found “that, by not arresting Omar Al-Bashir while he was on its territory between 13 and 15 June 2015, South Africa failed to comply with the Court's request for the arrest and surrender of Omar Al-Bashir contrary to the provisions of the Statute.” However, the Chamber reiterated its discretional power and highlighted that South Africa was the first state party to request the Court’s legal interpretation on the extent of a state’s obligations to execute the arrest warrant for Al-Bashir. Additionally, the Chamber noted that South Africa’s domestic courts had already found the state to be in breach of its obligations and that remaining questions concerning South Africa’s obligations were resolved by the Chamber decision. The Chamber consequently found that a referral was unwarranted.