the sudanese president is wanted by the icc for war crimes, and a court case is on the way in pretoria, compelling the south african government to arrest him. human rights activists has said he must be detained before he has a chance to leave the country. our correspondent joins us now. do you have any more on where the sudanese president actually is? >> well, i have literally just stepped out of court, and the lawyer acting for the south african government has stalled a full bench of the high court and that is three judges hearing this matter, that there is still no official confirmation from government officials, whether sudanese president omar al-bashir has left south africa. he is saying that he does not have official confirmation. halla: if it transpires that he has left, as many as the -- as many of these reports are suggesting the whole proceedings become somewhat academic, don't they? ayesha: that is correct. however, if he has left south africa, the south african government would be in contempt of a high court order issued by its very own high court judge. yesterday the judge,

an international criminal lawyer and senior researcher at the institute for security studies in pretoria, thank you so much for being with us on the program. south africa previously indicated it would hand over bashir but he decided to go anyway. does that suggest he had no fear of being arrestin south africa? >> immediately prior to the arrival that it was not likely they would arrest him. >> how much of this is being the case then of the south african government lineing up completely be opposite to the south african judiciary? >> it's unlikely that the president was involved in the final decision however it is a huge shift from south africa's own position in the past where they did instead tell al bashir not to travel to south africa because he could risk being arrested. and in not complying with the decision of the high court is the south african government through its various departments actually can be found in contempt of court if such a case is brought forward. >> so just how embarrassing do you think this is for south africa? >> i think on many levels it is embarrassing because t

pretoria has an agreement with the a.u. that sitting heads of state cannot be arrested.uestion is, what happens now? >> who is it that can prevent al bashir from leaving south africa? is there an official. he will have to be arrested. and he will have to be put in custody. and all of those are not the court's responsibility. the court has made a decision which according to the law is quite correct. but taillight can't enforce its own decision of the international criminal court has asked south africa at that a to arrest bashier he al jazerra causing him of crimes against humanity and genocide in darfur. south africa has signed up to the i.c.c. many south african nations between the i.c.c. is biased against them picking out their leaders for prosecution. that means the decision on monday on whether or not to arrest the man who has governed sudan since 1989 will reverberate around africa and the world. al jazerra johannesburg, south africa. >>> talks between greece and its european creditors in brussels have ended without an agreement on the debt crisis. european officials

pretoria has an agreement with the you had au that sitting heads of state cannot be arrested.stion is, what happens now? >> who is it that can prevents al bashir from leaching south africa? is there an official? it is -- he will have to be arrested. and he will have to be put in custody. and all of those are not the court's responsibility. the court has made a decision which according to the law is quite correct. but it can't enforce its own decisions. >> reporter: nine international criminal court has asked south africa to arrest bashier accusing him of crimes against humanity and genocide in dar fewer. south africa has signed up to the i.c.c. many african nations believe the i.c.c. is biased against its leaders and picking them out for prosecution. that may sway the decision monday on whether or not to arrest the man who has governed sudan since 1989 will reverberate around africa and the world. al jazerra johannesburg, south africa. >>> still adhere on al jazerra. hundreds of schools that have closed down over the mers virus reopen in south korea. suffering in silence. we i

pretoria says sitting heads of state cannot be arrested. the question is, what happens now? >> what is that that prevention sal bashir from leaving south africa? is it the immigration official? he will have to be be reaforted and hearrested andput in court custody. that is not the court's possibility. the court has made a decision which according to the law is quite correct but it can't enforce its own decision. >> the international criminal court has asked south africa to arrest bashir. south africa has signed up to the icc. but many feel the icc is biased picking them out for prosecution. that means on whether or not to arrest the man who has governed sudan since 19 yienl 89 will reverb are rate. >> white officer feared for his life when he shot and killed a black man this weekend. officer responding to a 911 call after a woman reported she was being assaulted. surveillance shows the man running at the officer swinging a flag pole. the officer shot at the man and the situation is being investigated. >> i've reached no conclusion he. i can look at the video and based on my

. >> pretoria has an agreement with the au that sitting heads of state cannot be roasted. the question is who is it now. >> what can prevent basheer leaving south africa. he'll have to be arrested and he'll have to be put in custody, and all of those are not the court's responsibility. the court has made a decision which, according to the law, is quite correction. but it can't enmorse its own decisions >>> the international criminal court asked south africa to arrest basheer, accusing him of crimes against human day in darfur. south africa signed up to the i.c.c. many believe the i.c.c. is bias against their leaders, taking them out for prosecution. that means the judge decision on monday on whether or not to arrest the man who has ruled sudan since 1989, will reverberate around africa and the world. >>> the kenyan army killed 11 suspected members of al-shabab. this after the group attacked a military base in south-eastern kenya, two of the fighters were kauk kirn men caucasian men leading to the belief that they may have been from foreign groups. kenyan authorities are tr

pretoria has an agreement with the axe u that sitting -- au that sitting heads of state cannot be arrested. the question is what is available now. >> they can prevent basheer leaving south africa. it's aggression, he'll have to be arrested. and we'll have to be put in the custody. all of those are not the court's responsibility. the court made a decision which, according to the law is quite correct. but it can't enforce its own decisions. >> the court asked south africa to arrest basheer, and accuses them of crimes against humanity and darfur. many african nations believe the i.c.c. is biassed against its leaders, picking them out for prosecution, meaning the south african judge decision on monday on whether or not to address the man that governed sudan since 1989 will reverberate around africa and the world. >>> israeli prime minister binyamin netanyahu called a soon-to-be-released u.n. report a waste of time. the report looking into last year's war in the gaza strip. binyamin netanyahu says the u.n. report is a baseless automatic accusation against israel, and says an israeli report and

johanesburg and what are we to make of claims in the minister in cartoon that he received assurances from pretoriahat president bashir will be allowed to go? >> well the south africa's department of international relations and cooperation has reiterated its commitment to immunity for sitting heads of state and heads of state that are attending the african summit in johanesburg and made assurances that bashir can leave south africa and they are concerned about that and wouldn't pay attention to the court order that is in place at the moment. the high court in south africa had on sunday said that bashir should not leave the country until this matter is finalized in court, adrian. >> so basically what we are saying here is that the rule of law doesn't apply what the court decides here if it decides that president bashir should be arrested then he will still be allowed to go free the court has no teeth? >> well that is a dilemma that south africa is facing with the justice system in the country. the high court is tackling the issue of whether or not instructions by the icc that south africa should arr

. >> if immunity trumps all the high court's ruling in pretoria at this point really doesn't matter. >> the ruling was an interim one, the full argument was beings heard today and in the process of being completed now. it was only an interim one but whether or not it was in fact binding on the government as a matter of law is an open question. as i said, there are counter obligations, which the south african government would have to comply with as would any other country. i don't think it's fair to single them out. any other country would have to do the same thing observe the obligations. >> the end result in this particular case is the i.c.c. has two arrest warrants out for this head of state including on charges of genocide. those are the most recent charges. it sounds lining the i.c.c. doesn't have the jurisdiction or the ability to enforce those arrest warrants. >> well, the question of immunity that i've allude would to only applies while the head of state is in office. that apply to say any sitting head of state. thereafter, and that has also been confirmed in our own cases her