The ANC’s National General Council resolved today that the Government should withdraw its membership of the International Criminal Court, but this should be preceded by discussions with other ICC members in the African Union. The ANC says Africa should consider withdrawal.
“The ANC continues to uphold and respect human rights and does not condone impunity, war crimes or acts of genocide,” the ANC said earlier on Sunday, “but the double standards and selective actions of the ICC and the fact that only two of the UN Permanent members are signatories but the other permanent members have unfettered powers concerning the ICC is problematic.”
The ANC is concerned about the perception of selective prosecution of Africans by the ICC, and urges it to pursue cases of impunity elsewhere.
The ANC believes that the ICC has gradually diverted from its mandate and allowed itself to be influenced by powerful non-member states.
According to the NGC’s discussion documents, the ANC takes the following view: “We perceive it as tending to act as a proxy instrument for these states, which see no need to subject themselves to its discipline, but will persecute African leaders and effect regime change on the continent. It is being used as a court against Africa.”
Given the fact that the AU took a decision both in 2012 and at its Summit in January 2015 that African states should not cooperate with the ICC, and even suggested that failure to abide by the decisions of the AU would invite sanctions, suggests that the discussions with the continent is a mere formality.
According to Professor Max du Plessis of the University of Kwa Zulu Natal, given the fact that we have domesticated the Rome Statute into our own national legislation, if we want to pull out of the ICC, we will have to pass legislation to that effect.
“South Africa is obliged to adhere to the ICC’s decisions until we finalise our exit from the treaty,” du Plessis has said.
According to Minister Obed Bapela, once South Africa has deposited its withdrawal from the ICC, it still remains obligated to the Rome Statute for the period of a year.
“We have decided that parliament must look into ammending the Act which had domesticated the Rome Statute into our law, and ammend it so that it is realigned to our Diplomatic Immunities Act. In that way South Africa will be allowed under our law to host Heads of State as they would have immunity from prosecution.”
Given the invitation of African leaders to the Forum on China-Africa Cooperation to be held from the 4-5 of December in South Africa this year, South Africa is likely to try and ammed such legislation as soon as possible, preferably prior to another prospective visit by Sudanese President Omar al-Bashir.
Independent Foreign Services