The African Union's (AU) decision not to help arrest Sudan's president will not affect the International Criminal Court's work, its prosecutor says.
Luis Moreno Ocampo told the BBC Omar al-Bashir was still a wanted man and that it was up to each African state to decide whether to arrest him.
Mr Bashir was indicted over alleged atrocities in Darfur in March.
But on Friday an AU meeting in Libya agreed a resolution saying they would not co-operate in his arrest.
In a statement, the AU pointed out that its request to the UN Security Council to delay Mr Bashir's indictment had been ignored.
Mr Ocampo told the BBC that the AU decision was no victory for Sudan or Mr Bashir. "No-one is saying he's innocent," he said.
He said each of the 30 African states that signed up to the Rome treaty establishing the court would have to decide for themselves whether to arrest the Sudanese leader.
And he added that only the Security Council could suspend or lift the indictment against Mr Bashir, not the ICC.
The court has indicted the Sudanese president on two counts of war crimes – intentionally directing attacks on civilians and pillage – as well as five counts of crimes against humanity, including murder, rape and torture, all related to the conflict in the Darfur region.
He denies the allegations, saying the state has a responsibility to fight rebels.
Botswana has confirmed it will not abide by the AU's decision to ignore the arrest warrant.
Foreign Minister Phandu Skelemani told the BBC the AU decision had been rushed through without a vote, and countries could not be expected to renege on treaties "because of a sulk".
- BBC
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The dictators are protecting each other. Look their record. They open their dictatorial mouth to protect their personal interest and power only. Let see the follwing case
these dictators agreed not to recognise a government that established by removing ruthless dictators through public protest. That way they want to discourage public protest and want to stay more years in power with their iron fist. They never has spoken about human right abuse in the member states. Instead they want to protect their ruling power. Where is african resolution about Ethiopia, Kenya, Zimbabwe and Nigeria election feauds. But they were rushing to show their support to Mugabe. Now they are running again to show their support to Bashir. Where were they when day light massacres happened in Ethiopia, Kenya, Zimabawe,… Look where they stand with regard to Madacascar. They are with the regime than what the people demands. That way these dictators feel more protected among each others.
July 5th, 2009 at 4:58 pm
African peole need to organise through strong civil organisations. These corrupted organisation does not represent African people. It is a team of dictators who abuses the beautiful ladies of Africa, who plays with the poors money,…but who blessed each other. Look what kagame is planning to do. To give medal for the genocider meles.
July 5th, 2009 at 5:03 pm
To be honest, I was not surprised by the so-called 'resolution' of the AU. This union is an infestation of brutal killers, buffoons and pedophiles. And broad day light robbers. Monkeys see monkeys do. But I have great admiration for Botswana who disassociates itself from this shameful decision. Those innocent human lives who were ruthlessly and summarily murdered will not be forgotten and have their day in court sooner or later. If he manages to elude justice until he dies, for sure 'Jehannem' will be waiting for him and will rot in hell agonizingly for millions of years. But what do you expect by a 'union' concocted by auspices of an 'Eyalle Souk' and former patron of terrorists. Most of these leaders don't even show an iota of personal pride let alone national one. They all bend over for this desert knuckle head from Benghazi. I spit in their faces just out of contempt for them. Kudos to Botswana!!!!
July 6th, 2009 at 11:34 pm