>> al-bashir is back home, having left johannesburg. >> this is al jazeera live from london. also coming up, the worst refugee crisis since the second world war amnesty accuses world leaders over shameful failure. they work for free to help their community stay safe, now nepal's volunteers are in desperate need themselves. and where one of the biggest events on on the aviation at the

paris airshow. >> sudan's president has arrived back in the country's capital. after defying the south africa corridor preventing him from leaving johannesburg. omar al-bashir arrived in khartoum in the last 30 minutes. his sharp exit from a military airport came while a judge was still deliberating on whether to hand him over to the international criminal court for crimes against humanity. south africa's high court has now asked for an investigation into how bashir was able to leave. well sudan's foreign minister has been speaking, and was a few minutes ago critical of sending bashir to the icc. >> she's attempts are meant to disturb our harmony and we

believe that the sudan government will have a firm strict instance against any country taking such a decision simply for the reason that it's a matter of sovereignty. we're a sovereign state. the president is elected by the people of sudan. all of these statements are lame and meaningless. >> we're live from johannesburg in south africa. bashir's departure leaves the executive judiciary in a bit of conflict doesn't it? >> well, that's exactly the case sami and that's the concern with how regard the south african government, and what extent it respects the high court. it gave an order that omar al-bashir stay in the country. as we know he left earlier on monday and has now arrived in

sudan. ordinarily the executive would not necessarily have the authority to make a decision around immunity for foreign heads of state visiting south africa. however, the decision did go through cabinet and was unopposed and the government was resting its case on that argument, that this was passed by cabinet and south africa was honoring a pact that it has with the africa union that no heads of state be prosecuted or detained on any matter. this ultimately does lead to the conflict between those two incidentties of government, and as we have mentioned earlier we're expecting more action looking specifically at investigation from this. >> and talking about that investigation which the courts have ordered, who is going to be under investigation? what happens next? >> well, it's the department of

home affairs who were responsible for showing that omar bashir remains in the country. and the legal representation for the legal representative for the south africa government in court said that the military base where omar bashir left the country officials were notified that he should not leave the country. despite that he did fly out from that air base. so at this point the court wants the south africa as a whole to respond to its request for an investigation. they say they'll be responsible for that. we're not entirely sure who will be held responsible but that's meant to be determined by this investigation and what the way forward would be for the south africa government, and also just to add to that is the civil society organization that took the south africa government in the first place to keep al

bashir in the country. they're saying that they'll pursue possible legal action pending the outcome of the investigation. >> we're going to continue talking about this issue and go over to barnaby phillips, who is live for us at the hague. that's where the icc is based of course. barnaby, not a great day for the icc? >> they were sending a mention to the south africa government saying that it should do everything it could to insure that the arrest warrant against president al-bashir was enforced, and what do we see this morning welcome president al bashir flying home. >> we noted that omar

al-bashir had left south africa without being arrested. also the ruling of the south african high court that ordered him to be prevented from leaving the country and ordered later today that he should have been detained wenting his surrender to icc. >> you can't punish the south africa africans they have done what they wanted to do. >> they have no mandate to punish government. the icc has mandate to pursue individuals for acts of war crimes that it is accused of. but south africa had a clear obligation to to work-- >> which they ignored. >> now it will be for the pretrial chamber of the icc to make a determination whether

there was non-compliance by south africa, and for the council and for the assembly to take any measure they deem appropriate to insure cooperation. >> let's talk about the icc and africa. it seems that any form of cooperation between the court and africa members have completely broken down now. >> there are more than 20 cases. there have been issues with regard to the case about al bashir and other high profile cases. but with other cases it is continuing with africa union and africa states. we have large sport from africa societies and recently mali had made a new referral with the icc. there had been new suspects returned by the icc. and in general the relationship with africa is important because they are the biggest group.

they have voltairely asked the court to investigate the vast majority of the icc investigation has been opened at the request of the african governments and they're also looking into cases about other regions in the world whether it be palestine and others. but this was at the request of the african state. >> sure, it's not just african government who is say that the icc is racist. it concentrates almost exclusively on our continent's problems. it's something that you'll hear from many african intellectuals from writers and people right across africa. >> i think there is a need to better understand the system with which icc functions and how kisses with be brought before the icc. it was the african governments themselves who asked for these investigations with exception regarding lib y and that was the

security council where they are also represented. they did not intervene without being asked by the nations themselves. and they're also looking into cases in other regions in the world. >> what would a high profile indictment from any other region except africa. >> i think as a court they cannot work on what would be the impressions. we work best on the legal rules and evidence. where there is evident with high profile cases they will do it's utmost to be executed. >> let's talk about political realities. major powers, the united states,

india, china all staying outside. that's very disappointing isn't it? >> well, the decision to join the icc is a sovereign decision. each state is free to join or not the icc. but by joining the icc statute they'll be offering protection to their own opposite populations. we see that it does not protect their citizens because it is possible to persecute them if they commit crimes. for example, what is being examined with regard to ukraine georgia, afghanistan, and others. >> i'm afraid we've run out of time on a very windy day outside of the hague. thank you. >> thanks so much barnaby. ♪ >> well, it's been described as the worst refugee crisis since the second world war.

a report by amnesty international said that 4 million syrian refugees are struggling to survive in turkey, lebanon jordan and iraq and egypt. almost 2,000 have died this year. and hundreds more have died in southeast asia, mainly rohingya muslims fleeing persecution in myanmar. more than 13,000 syrians have crossed the turkey-syrian border in the last week alone. fleeing fighting between isil and kurdish forces. >> just a couple of meters here this latest search of refugees is escaping an assault on a border town under isil control.

airstrikes have helped the ypg push forward. >> we lost our home ten days ago. fierce fighting forced us to leave to save our children. before that life was okay. >> we were terrorized by isil. we left because of a heavy bombardment from both sides. i'll never go back. in there you die a hundred times a day. >> the ypg has had the area in its sights for three weeks. isil has been in the town for four months. people say that it is now deserted with a few isil fighters left inside and the ypg now controls the only road, isil's effective capital 80 kilometers away. this is the fourth time that turkey has opened its borders. most people have been waiting at least 4 hours to get through. they're carrying everything that they can manage for the most

part they look relieved to have made it through. they'll be processed by the turkished authorities and allowed in to turkey. >> this woman hurt herself as she scrambled over razor water to make it over the border. nearly homeless she'll join the 1.7 million syrians already sheltered in turkey. safe but stranded as their country crumbles. bernard smith, al jazeera. on the turkey syria border. >> now bernard smith joins us now in southeast turkey. i understand since that report the ypg has made more progress. what else is going on? >> well, samuel, you can probably see right over my shoulder the customs house on the syrian side. that was in isil control until an hour ago. we've seen ypg fighters on the top of it, so we understand now that they've taken control of that custom's house which means

they've got control of the border crossing. beyond that is the town that ypg has told us they've taken control. there are still isil fighters there. they believe some of them are wearing suicide vests possibly and there was an incident not too long ago on the border fence just behind me when it's thought a couple of isil fighters trying to escape the fighting, trying to cross but they were intercepted by the turkish military. so very fast-moving story here at the moment but it seems that the ypg kurdish fighters making significant advances here. >> we hear from some syrian opposition groups claims of ethnic cleansing. any patent that you're noticing there in terms 69 ethnicity of people there fleeing.

>> it's difficult without independently getting verification from inside syria what has been happening. there have been accusations from all sides of ethnic cleansing ethnic profiling to clear out particular areas. most people who left the area in the last couple of weeks have been arab. but before the town was under isil control it's been under else control for 14 months. when isil took control 40% of the town was kurdish. most of them fled because of isil. the only people left in that town have been arab. they haven't been forceed. they say that they have left because of the intensity of the fighting. that's from airstrikes particularly from the u.s.-led coalition. it's the airstrikes that are causing most of the damage. they helped y pg make their advances, but they're destroying people's homes. that's the biggest complaint. >> thank you so much, bernard smith there. well, still to come the

political storm over over claims over claims that australian government has paid people smugglers to return to indonesia.

>> he was electro-shocked and tortured. >> decades of corruption abuse, and torture, by chicago police... >> you think people make a distinction between cia, black ops sites, verses torturing a thirteen year old kid from the south-side? >> people realize that torture is torture. >> lisa fletcher brings you an in depth report chicago torture only on al jazeera america >> welcome back. let's recap the headlines here. sudan's president omar bashir has arrived back in car khartoum.

bar sheer was in johannesburg to attend the africa union summit, the county's high court said that it's concerned officials did not insure he stayed in the country while they considered the arrest application. and thousands of syrians have fled across the border in turkey. kurdish forces backed by u.s. air power trying to retake a town in isil hands. u.n. brokered talks to end the conflict in yemen are in geneva. but representation from the houthi rebels have yet to arrive. they eruptry are stuck in djibouti because egyptian authorities will not allow them to fly across its country air space. it had not received a request regarding the plane. 20 people have been killed in a series of blasts in chad. witnesses say suicide-bombers on

motorcycles simultaneously attack two buildings in the capital. one of the bombs went off at the police academy. there has been no immediate claim of responsibility. at least eight people have been killed in two separate ex-complexes. one of the blasts was outside of an office. the other outside of a bar in the yorbi state. it's unclear who is behind the attack. the armed group boko haram has been behind attacks in the area. well a rift is growing between australia and indonesia with claims that australia bribed people smugglers to take migrants back to indonesia. the australian prime minister won't confirm if the payment took place but opposition is requiring an answer to the inquiry. >> did smuggleers received

pavement to take migrants back to indonesia. prime minister abbott was asked to confirm. he refused. >> we have been asked not to comment on the operational details and what has been done to stop the boats. >> but stopped by bribing smugglers, the allegation is that six crew members of a boat 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 it that was the case and they were turned back to the open seas it would go against everybody that we're advising states to do in this type of situation. >> turning boats around means not helping asylum seekers on board and paying people not to

smuggle could encourage people to start. >> if this is true that could become an incentive for fishermen in indonesia to help smuggle asylum seekers. >> lawyers say paying smugglers anywhere probably breaches international and australian laws although any prosecution will be led by australia's government so it's not likely to happen. >> there is a question of legality, and there is a question of right and wrong on any face of it this would be long. >> leaders are demanding answers. >> this would be the community to talking to them directly. >> indonesia has launched it's only investigation too. with australia's government really pay criminals not to commit a crime. last week the very idea seemed

luddous, but the non- non-denial has many believing that they must have done. australia is standing firm, but with the risk to indonesia and at home. >> hundreds of service men are holding a hunger strike. they want the government to pay an uniform pension regardless of when they retired. they have more from new delhi. >> these form indian service men and women say their hunger strike they're on is their last desperate measure. for more than 40 years many have been campaigning for run rank, one rank, one pension meaning that they want those who retired a the same rank to be paid the same pension. this has been a key promise by

the election campaign but they're still waiting to receive their dues. >> we'll protest. we'll definitely go for action. that is not going to be in the interest of the service men or in the interest of the nation. >> consecutive indian governments have reneged on agreement with indian army service men and women but this has particular significance political ramifications for the bjp party keeping in mind that in recently months it has alien alienated millions of farmers with amendments to the land bill. now you have millions of former army men and women who say they have not fulfilled a key election promise. between them these are millions of voters, millions of whom that voted narendra modi to power last year. >> nepal has reopened nearly all of its historical monumented to

tourists after the devastating acre left many monuments in ruins. before the quake a thousand visited paying up to $15 each. last week they warned the cash-tracked government that the historical sites were still in a precarious state. kathmandu said that it would send experts to see if they can safely reopen hiking to climbers. there is concern to volunteers, who were the lifeblood to many small communities. they helped with many aspect of lives. but now many are in need. >> this woman is a broken woman. she had been single-handedly helping, but can no longer talk

about her work. when the earthquake hit 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's health i used to go on house calls but this is what god did to me. >> 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's health services. now many of them are struggling with their own losses, leaving the entire health system broken. >> this man tells me that his wife was buried with her two

children as she was running to save them. >> i feel like i've lost half my body he tells me. the government said that it would take at least four years to rebuild that is if decisions are made fast and the morale of the healthworks stays high. but as so many health workers face their own battles and with the monsoon season expected to cause landslides and bring disease, many expect more suffering. al jazeera. >> now one of aviation industry's most important weeks is opening in the paris airshow. it's where airlines meet planes

makeers. airbus will focus on the challenge of buildings the $1.8 trillion of jets they've already sold. al jazeeraal jazeera just outside of paris with the latest from the world's oldest airshow. >> if you own own planes, have anything to do with planes, there's a chance you'll be here. you have the usual fight between airbus and boeing, but it's a lot more subdued than previous years. the 8380, carries upwards of 500

people at a time, now yes, an airline like dubai has has 140 on order. but no orders this year, they're in the single figures at the moment. there is a question whether the engines can be fuel efficient enough to make this work for airlines. this plane has proven as far as fuel efficiency goes. indonesia wants 30 of these new planes. but again it tells but the hesitation in the market. and saudi arabia said it wants to buy 20, an update on airbus' 83,030. but these are we have to remember that it's just five months until the next big

airshow in dubai. >> you can get more on the airshow and the other stories we've been telling about at www.aljazeera.com. >> on the move, an oil rig on the way to the arctic has protesters blocking its path, but the cost forward is there coast guard is there to change those plans. and a woman who helped two inmates to escape sees a judge. and ready to run, jeb bush gets set to announce his presidential campaign.