Masutha firms up on ICC decision

Justice.Minister Michael Masutha

Justice.Minister Michael Masutha

Published Oct 24, 2016

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JUSTICE and Correctional Services Minister Michael Masutha has stood his ground on South Africa's withdrawal from the International Criminal Court (ICC).

Following opposition from the DA, Masutha said he had expected the party to explore the matter in Parliament rather than rush to the courts. He said he needed time to study the DA's papers and the urgency of the matter.

Masutha said it was concerning when parties run to the courts to resolve political disputes instead of dealing with them in Parliament. He said he had thought the DA would use the notice of withdrawal from the ICC to engage on the matter in the national legislature, but has chosen to go to court.

According to him, the party should have waited until the issue was raised formally in Parliament for discussion before the papers were filed.

“I will not comment on the papers filed by the DA because I don't know what are the grounds for the application,” he said.

Earlier, Masutha said some members of the UN Security Council used double standards on the implementation of the Roman Statute.

He said key members of the Security Council were not party to the Roman Statute, and that the current system on the arrest warrants of war crimes suspects created confusion in international law.

Masutha said South Africa could not have simply pounced on Sudan's President Omar al-Bashir and arrested him.

He reiterated that Bashir was in the country to attend an AU event.

South Africa as a host nation would not have been able to arrest someone it had invited by nature of hosting the AU event.

He said South Africa's international diplomatic system was being held to ransom.

Masutha said there had been heads of state who had deferred their visits to South Africa because of this legal uncertainty on the ICC.

The summit which Bashir had attended in the country was to deal with challenges facing Africa, and issues of stability on the continent.

Kenya has indicated that it will also follow in the footsteps of South Africa and leave the ICC. Burundi was the second country in Africa to immediately announce its withdrawal from the ICC after South Africa's decision last week.

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