PRETORIA: South Africa said on Friday it was quitting the International Criminal Court (ICC) because membership conflicted with diplomatic immunity laws, dealing a new blow to the struggling court and angering the political opposition.
Pretoria last year announced its intention to leave after the ICC criticized it for ignoring a court order to arrest Sudanese President Omar Hassan Al-Bashir, who is accused of genocide and war crimes, when he visited. Bashir has denied the accusations.
The ICC was not immediately available for comment, but the announcement puts new pressure on the world’s first permanent war crimes court, which has had to fight off allegations of pursuing a neo-colonial agenda in Africa, where all but one of its 10 investigations have been based. Burundi has already said it plans to leave and Kenya’s parliament is considering following suit.
Justice Minister Michael Masutha told reporters in Pretoria that the government would draft a bill to repeal South Africa’s adoption of the ICC’s Rome Statute in order to preserve its ability to conduct active diplomatic relations, and had given formal notice.
He said the statute conflicted with South Africa’s Diplomatic Immunities and Privileges Act, but that the government remained committed to the fight against impunity.
A document seen by Reuters at the United Nations on Thursday showed the move would take effect one year after notice was formally received by Secretary-General Ban Ki-moon.
The document was signed by the International Relations Minister Maite Nkoana-Mashabane and dated Oct. 19.
James Selfe, a senior executive at the main opposition Democratic Alliance, said in a statement that the party would file a court application on Friday to set aside the plans “on the grounds that it is unconstitutional, irrational and procedurally flawed.”
The International Criminal Court, which sits in The Hague and has 124 member states, is the first legal body with permanent international jurisdiction to prosecute genocide, crimes against humanity and war crimes.
But it has secured only five substantive verdicts in its 14-year history, all of them on African suspects, and several African countries have expressed concern that the continent is being picked on.
A high-profile attempt to try Kenya’s sitting president, Uhuru Kenyatta, and his deputy, William Ruto, over an outbreak of post-election violence failed amid diplomatic lobbying and allegations of witness intimidation.
Adan Duale, leader of the majority in the Kenyan parliament, said impetus was building there to pass a bill on quitting the ICC that has been slowly making its way through the assembly. “The bill is due for a second reading and people are asking for it to be given priority next week,” he said.
Burundi’s Parliament voted last week to leave the court, although the United Nations has not yet been officially notified.
Pretoria last year announced its intention to leave after the ICC criticized it for ignoring a court order to arrest Sudanese President Omar Hassan Al-Bashir, who is accused of genocide and war crimes, when he visited. Bashir has denied the accusations.
The ICC was not immediately available for comment, but the announcement puts new pressure on the world’s first permanent war crimes court, which has had to fight off allegations of pursuing a neo-colonial agenda in Africa, where all but one of its 10 investigations have been based. Burundi has already said it plans to leave and Kenya’s parliament is considering following suit.
Justice Minister Michael Masutha told reporters in Pretoria that the government would draft a bill to repeal South Africa’s adoption of the ICC’s Rome Statute in order to preserve its ability to conduct active diplomatic relations, and had given formal notice.
He said the statute conflicted with South Africa’s Diplomatic Immunities and Privileges Act, but that the government remained committed to the fight against impunity.
A document seen by Reuters at the United Nations on Thursday showed the move would take effect one year after notice was formally received by Secretary-General Ban Ki-moon.
The document was signed by the International Relations Minister Maite Nkoana-Mashabane and dated Oct. 19.
James Selfe, a senior executive at the main opposition Democratic Alliance, said in a statement that the party would file a court application on Friday to set aside the plans “on the grounds that it is unconstitutional, irrational and procedurally flawed.”
The International Criminal Court, which sits in The Hague and has 124 member states, is the first legal body with permanent international jurisdiction to prosecute genocide, crimes against humanity and war crimes.
But it has secured only five substantive verdicts in its 14-year history, all of them on African suspects, and several African countries have expressed concern that the continent is being picked on.
A high-profile attempt to try Kenya’s sitting president, Uhuru Kenyatta, and his deputy, William Ruto, over an outbreak of post-election violence failed amid diplomatic lobbying and allegations of witness intimidation.
Adan Duale, leader of the majority in the Kenyan parliament, said impetus was building there to pass a bill on quitting the ICC that has been slowly making its way through the assembly. “The bill is due for a second reading and people are asking for it to be given priority next week,” he said.
Burundi’s Parliament voted last week to leave the court, although the United Nations has not yet been officially notified.
