South Africa said it is pulling out of the ICC, which means it will only be the 2nd country in the world to do so – after Burundi, another insignificant African backwater. And the reason? The ICC’s obligations are inconsistent with domestic laws giving sitting leaders diplomatic immunity, the country’s justice minister, Michael Masutha, claims. The SA government already said last year it planned to leave the ICC after receiving criticism for ignoring a court order to arrest the visiting Sudanese president, Omar Hassan al-Bashir, who is accused of genocide and war crimes.
Human Rights Watch says “South Africa’s proposed withdrawal from the International Criminal Court shows startling disregard for justice from a country long seen as a global leader on accountability for victims of the gravest crimes… It’s important both for South Africa and the region that this runaway train be slowed down and South Africa’s hard-won legacy of standing with victims of mass atrocities be restored.”
The human rights organisation was joined by minority rights group AfriForum who says “the discord between the ICC and Government was brought to a head when the latter refused to arrest and hand over the controversial human rights violator, Sudanese President Omar al-Bashir, to the ICC in 2015 during his visit to South Africa. The event shrouded the country in controversy, while Government defended themselves by claiming that the ICC discriminated against African leaders”.
AfriForum’s deputy CEO Alana Bailey warns it is unclear whether the Department alone has the authority to withdraw the ratification, or if Parliament’s approval is necessary.
“Even so, AfriForum will oppose the process and investigate ways to prevent the execution thereof… The ICC has finalised only a very few cases since its inception, but from those can be seen that an innocent leader – from whatever continent – has nothing to fear,” she says.
Bailey adds that it is increasingly evident on platforms abroad how South African government officials choose sides to the benefit of countries with doubtful human rights records. According to her, the withdrawal from the ICC illustrates Government’s culture of a lack of accountability, the disastrous consequences of which can be seen locally. The actions of various South African diplomats result in even more blotches on the country’s name because of their illegal actions abroad, criminal records and falsified qualifications.
“In a time of economic challenges and internal instability, Government’s focus should indeed be on the promotion of a culture of accountability (within South Africa as well as abroad), as well as the expansion of investments by and relations with respected international partners,” she argues.
“On the other hand, the start of a formal withdrawal process from the Statute and the ICC is yet another step backwards for South Africa to the status of ‘skunk of the world’.”
