>> precepting the court ruling own on an international arrest warrant. >> hello there. you're watching al jazeera. also coming up the worst refugee crisis. u.n. general secretary ban ki-moon speak about yemen after talks get under way.

>> iran's president is on his way home. not quite a fugitive of justice but not quite a free man either. omar bashir flew only from an airport while the judge was deliberating on whether or not to hand him over to the international criminal court for alleged crimes against humanity. south africa's high court has now asked for an investigation of how bashir was able to leave. we're live in johannesburg. the judge has ordered not an arrest warrant but an investigation into how bashir left. that's pretty sensible given that's already not in the country.

>> he should have been detain: that's what it is saying. >> i mean, apparently we have lost communication but we'll be going back to her. first of all, let's go to the hague. we've got barnaby phillips where the icc is based. is pretty disastrous for the icc? >> undoubtedly it's a blow. asking the government to do everything in its power to execute the arrest warrant. and yet some how omar bashir has slipped through the south african authorities, they're saying today and he's book khartoum. it's embarrassing and shows the difficulty the icc has with almost all african states in terms of getting them to cooperate with this court. it is a significant set back

undoubtedly. what we're hearing from officials in the building behind me i suppose is trying to put a positive gloss on an awkward situation. they're saying that omar bashir was forced to leave south africa in undignified circumstances. ale think even more carefully about his travel plans in the future, and eventually justice may catch up with him. don't forget one thing, he is indicted on charges of genocide. that will last the entirety of his life. and they draw parallels without recent tying mill milosivic had. and he will face justice. >> icc pleas with countries to arrest him and give him up, they

simply don't comply. why is that barnaby? >> i think there is a specific problem now between africa and the icc. it's ironic because the icc at its inception a decade ago. just over a decade ago was getting it's most enthusiastic backing. and it was african governments bringing their request to the hague saying we have this problem in our country with you investigate it. moving along 13-14 years when all the indictments and a handful of charges have been of african leaders. what you're hear from the hearing from the a.u. saying this is racist. this is not how it's supposed to work out. the icc is saying not at all.

people have suffered terribly whether it be uganda darfur, the congo so on. it's not those victims of human authorities we're singling out africa. it's african leaders we should not conflate both things. but the icc does have a problem. it has, of course, huge holes huge absences, the united states india china russia, virtually every arab country major international hours have chosen not to sign up to this court. that means that it tends to concentrate on, well, essentially the countries where it can and that leaves western europe after africa view additional systems are noticebly weaker. that's why the icc has tended to focus on africa almost exclusively.

>> thanks very much. we can now join our correspondent live for us in johannesburg. we've got the ruling from the judge. he's ordered not an arrest warrant but an investigation. which doesn't make sense that bashir has already left the country. >> well, that's exactly right. and the order for the investigation comes after the government for the very first time confirmed that omar bashir has left the country. they're saying that the behavior is not consistent with the constitution and they should provide an affidavit complaining explaining how and when omar al-bashir has left the country. they say they'll wait for that affidavit before deciding whether or not to pursue legal actions particularly around a contempt of court. remember that south africa was

supposed to keep al bashir in the country until this matter was finalized in court. >> why is the anc so reluctant to issue the arrest warrant comply with the icc even as we heard from philip barnaby that it bleed with the icc to hand him over? >> well, a lot of it is based on the agreement made at the african union. when a summit is hosted that any heads of states as well as any diplomat attending will not be subject to prosecution and will not be arrested. that's very much in line with the africa union idea that africa should deal with justice any allegations of war crimes, genocide rather than the international criminal court. the africa union has no faith in the court regarding african matters. they feel targeted by the icc

and would rather deal with their issues by themselves. >> thank you very much for the latest on this fascinating story from johannesburg. now, at least 20 people have been killed in a series of blasts in chad. witnesses say suicide bombs on motorcycles simultaneously attacked two buildings. there has been no immediate claim of responsibility. world leaders stand accused of a shameful failure and millions of people face misery in the worst crisis in our era. 4million syrian refugees are struggling to survive in turkey, lebanon, jordan, iraq and egypt. there are more than 3 million refugees in sub-sahara africa.

almost 2,000 have died so far this year on boats like this. hundreds more have died in southeast asia sea mainly rohingya muslims facing persecution in myanmar. many are tried to reach turkey. they are fleeing fighting between isil and kurdish forces. we have more from turkey. >> this is the fourth time that the turkish authorities have opened this frontier between in the last two weeks or so. we think a couple of thousand syrian refugees have left the town today and they're telling us that the area itself is all but deserted. it remains under isil control but we're told that syrian kurdish forces have the town

encircled. the refugees are waiting just on the other side of that border checkpoint. they may open it again later on today. once they come through the children are vaccinated. everybody is registered, and they're allowed to live with relatives or refugee camps in turkey. >> there are reports that eight people have been killed in two separate explosions explosions in northeast nigeria. one went off outside an office. it is unclear who is behind the attack. three tunisian police have been killed in a battle with gunmen. one gunman was killed and another captured joined the fighting. forcesforces are cracking down on armed groups. u.s. military commanders have not confirmed whether or not an u.s. airstrikes in libya

killed one of its target. they died in the attack formal quite commander was ordered to plan the attack a year ago. 32 most of them are foreign workers. now to the war in yemen and talks to end the conflict has begun in geneva: >> today yemen's existence hangs in the balance. the parties have a responsibility to end the fighting and begin a real process of peace and reconciliation. >> we have more now from geneva. >> talks now under way the united nations envoy the houthies have not arrived yet. we're expecting them to arrive

later in the day. for the time being there will be no face-to-face talks. there will be just more of talks in in the u.s. where they'll be shuffling back and forth. the u.n. won't be able to bring them together to talk about how to go forward because of the growing political divide and trust, but the hope of the united nations in particular is to start talks about humanitarian relief, allowing aid into yemen to provide aid to thousands of people who have been stranded in different parts of the country and then security arrangements and whether or not houthis are willing to pull out of the areas of control. the third point would be basically starting political process. this is something which is going to take some time. the environment doesn't seem to be conducive to start those talks because of the problems they have and the fighting that has set up in different parts of the country but for the

international community and u.n. this is a significant step forward. this is the first time that different yemen factions are going to meet here, converge in geneva with the hope of starting real talks about political settlements. and the future of yemen. >> still ahead on the program back to school for south korean students but with extra precaution. and giving cuba a thumbs up for political reform on the island.

>> hello again welcome to toal to al jazeera. world leaders have been accused of a shameful failure in their response with what it calls a refugee crisis. thousands are fleeing fighting. and talks to end the war in yemen have opened in geneva. they want a cease-fire and encluesive political process. the yemeni government representatives are at the talks but houthi rebels have yet to arrive. now unrest is growing between australia and indonesia under suggestions that australia has bribed people smugglers to return back to indonesia.

opposition politicians are demanding an inquiry. from sydney andrew thomas reports. >> did australia pay smugglers these asylum seekers to indonesia? on monday australia's prime minister was asked repeatedly to confirm or deny the allegations. he refused. >> the position oh off this government is that not to government on the operational details on what has been done to stop the boats. >> but stopped by bribing smugglers the allegation is that six crew members carrying asylum seekers were paid $5,000 each to turn around. >> we spoke to the boat passengers in the group and they did confirm to us that the australian authorities did pay money to the boat crew. and if that were, in fact, the case and they were turned back into the open seas it would go against everything that we are

advising and urging states to do in this type of situation. >> turning boats around means not helping asylum seekers on board and paying people smugglers not to smuggle to encourage others to start. >> if true could be become an incentive for a fisherman in indonesia to give in for cash to help smuggle asylum seekers. >> lawyers saying carrying paying smugglers anywhere would breach laws but it was done by the australian government so it's not likely to happen on the face of it this is wrong. >> many leaders are demanding answers. >> i need the opportunity to talk to him because we're really concerned if it confirmed.

>> indonesia has launched it's own investigation, too. >> would australia's government pay criminals not to commit a crime? last week the very idea seems ludicrous, but the prime minister's non-denial has many believing that they must have done. for now australia's government is standing firm. but at some point with indonesia andsomething happened with indonesia. >> in south korea schools have reopened but 340 remain shut in the capital of seoul. >> monday morning and it's back to school for these children living in the outskirts of the capital. the mers scarce has caused schools and universities to shut

their doors. some parents are anxious to take their children back to class even if they're wearing protective masks. >> i'm worried about classes resuming, but i can hope that our children can enjoy school life again and a security secure environment. >> every student is it checked for their temperature before they're allowed in. lessons begin with the introduction of why they've been out of school. the aim is to reassure both children and parents that they have nothing to fear. >> we negate the parents' concern by taking precautions in school. if the schools are close to do long that would pose difficulties in school curriculum. >> not every school reopen. this is one of 400 schools that are closed across south korea. while the mere suggestion of

mers still looms large over the country, some are taking no chances. it's here where the focus of attention remains. the medical center in seoul one of south korea's largest busiest and most press prestigious hospitals. itwith this city on high alert every precaution is taken to help contain the outbreak using hand sanitizers and face masks. some sports fans are not deterred. >> i'm not worried about it because there is no one infected with mers around me. >> so far the virus is confined to hospitals medical staff patients and their visitors. the "world health organization" said that there is no evidence to suggest that mers is spreading in the wider community or that the virus is passing between people. while doctor continue to keep a close watch on all infections,

all but everyone, young and old can do is try to carry on as normal. al jazeera seoul. >> nearly two months after nepal's devastating earthquake many people are in urgent need of aid. volunteers are hoping to driver care to new mothers and their babies in rural yours areas. >> this woman is a broken woman. she had single-handedly taking care of more than women and children's health but can no longer talk about her work. when the earthquake hit nepal in april, she lost what was dearest to her her two grandchildren. a two-year-old and a newborn. >> i was so happy to be working with child health i used to go on house calls. but this is what god did to me.

>> she is a community health volunteer. one of 52,000 women who insure that pregnant women, newborns and children under five are healthy. now she feels lost. community health volunteers are said to be the backbone of nepal health services. now many of them are struggling with their own losses, leaving the entire health system prone. the nine community health volunteers of 6,000 houses, she did not make it. her husband tells me that she was buried with her two children as she was running to save them. 16 people in this village died. >> i feel like i've lost half my body he tells me. the health post has walls that rattle and there are cracks on the walls scare patients and health workers. the government said it might

take at least four years to rebuild, but that is if decisions are made fast and the morale of the health workers stays high. but it's so many health workers face their own battles and with the monsoon season expected to cause landslides and bring disease, people in villages like this expect more suffering. al jazeera. >> now, 800 years since the signing of magna carta the document hailed as the symbol of freedom and justice around the world. it came from barons of mid england and those running fields not far from london. there are some who say that it's freedoms are being infringed. >> on this private land an ecocommunity gathers around a fire. deep among the sycamore trees they live in homemade dwellings

subsist off the land with well water and solo power. >> mary, a young girl of 26 years of age built this beautiful home. >> a short distance away the magna carta was signed 800 years ago. it was a document that came to represent the freedom of the individual from the arrest by arbitary of the monarch. this community faces eviction three years after they arrived. >> the twist has put in place an authority on the section 63 of the criminal justice and public order act which is a prevention of the event this evening. >> this is tyranny. this is tyranny this. this is an abuse of your power. thisthis is an abuse of your

power. >> the villagers say they face frequent harassment by the police. >> here is some of our law it should hit hard. today we've been told not to have our celebrations. the constable is wearing the crown and doing the queen's work. >> across the valley lines windsor castle, visible, it's party preparations disrupted and it's majesty's laws viewed with disdain. >> i don't believe anyone has the right to draw lines on a map and decide this is mine and this is yours. the land is everybodies. >> they're not judgmental. you go out there and you're judged so much from your class rich people are judged. poor people are judged. and we're all equal. this environment is created and

it's enabled that to be created. >> as magna carta celebrates it's 800th anniversary the presence of the queen herself it's unlikely that the village will see it's fourth. as far as the 80 or so residents here are concerned the exercise of authority is alive and well. jonah hull, al jazeera. running mede. >> cuba's art exhibition is attracting art lovers from around the world. >> an ice skating rink with pretend eyes in the middle of tropical havana. a fake beach across the street along the city's main coastal drive. these installations and other works of arrested are part of cuba's highly anticipated biannual art show, an international event. but this year as never before cuban artists are taking center

stage in these times of change on the communist island. >> there were so many regulations prohibitions and these freedoms were seen like throwing a drop of water on a very dry desert. they're being absorbed at lightening speed. >> ten years ago jesus had barely enough space to paint on the floor of his argument. now he owns his own studio. >> she is pure, beautiful but dangerous like a jelly fish. it's the jester who can greet you with five languages ends up selling you cigars and women. >> auctioned at sotherbys or purchase bid visiting collectors from new york to beirut.

this is called project salvation. like so many others in this year's, it refers to the complex relationship with the ocean and it's northern neighbor, and thousands of cubans who have tried to cross these waters to make it to the other side. >> michael uses american and cuban flags with empty bullet cartridges and bashed wire to describe decades of bilateral tensions and the long awaited birth of a new relationship. >> this is called fiesta because that's what we're living now. preparing for a party and waiting to see if it's really possible to be friends and not enemies. >> his paintings are also exhibited in his own studio show rim and selling for tens of thousands of dollars. further proof that cuban art like cuba itself, is becoming a focus of world attention.

lucia newman, al jazeera, havana. >> of course, you can always keep up-to-date with all the news. you can see lots more opposite our top stories. sudanese omar al-bashir are a leaving south africa. all at www.aljazeera.com. >> two escaped convicted continue to evade police in northern new york. now the woman accused of helping them heads to court. omar al-bashir heads out of south africa despite court order. and heading north to drill in the arctic, but the coast guard stopped their plan.