South Africa wants to remain in the International Court of Justice, but introduce an immunity rule
Correction April 27, 2023
On Tuesday, it was reported that South Africa wanted to withdraw from the International Court of Justice because of the charges brought against Russian President Putin by the International Court of Justice. Now the message has been corrected.
From
27. April 2023
South Africa will host the next summit of the BRICS countries this year, which is why the country is discussing how to deal with the arrest warrant issued by the International Court of Justice against Russian President Putin. In South Africa, there is cross-party agreement that the country will not follow the arrest warrant if Putin arrives for the summit. However, it is currently being discussed how to regulate this formally and legally.
On Tuesday, it was reported that South Africa even wanted to leave the Rome Statute, the Treaty on the Establishment of the International Court of Justice, for this reason. This report has now been corrected, as reported by the Russian news agency TASS. I have translated the TASS message about this correction and its background.
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South Africa declares that it remains in the International Criminal Court, but is considering changing the immunity clause
The Minister of Foreign Affairs and Cooperation, Naledi Pandor, had previously stated that South Africa was considering a national law that would grant acting heads of state immunity within the country from arrest warrants from the International Criminal Court.
South Africa remains a member of the International Criminal Court (ICC), but at the same time is considering a change in national legislation concerning the immunity of persons accused by the ICC. This was stated by the presidential administration of the Republic in a statement published on its official portal on Wednesday.
"South Africa remains a signatory to the Rome Statute (the founding document of the ICC, note. TASS) and will continue to adhere to the same and consistent application of international law," it was said. The current clarification follows an error in a comment made during a press conference of the ruling party African National Congress (ANC) on South Africa's position on the ICC. Unfortunately, the president [of the country Cyril Ramaposa] repeated during a press conference on the 25th. April mistakenly a similar position."
Ramaposa said at a press conference on Tuesday that the ruling party ANC had decided to withdraw the country from the ICC because the international organization had shown partisanship in a number of cases.
The presidential administration has now announced that South Africa, in accordance with a resolution of the ANC Congress of December 2022, on which it was decided to reverse the earlier decision on the withdrawal from the ICC and to remain a member of the ICC. The resolution of the ANC Congress of December was adopted at the meeting of the National Executive Committee of the ANC from the 21st to the 24th. April 2023 confirmed," the statement states. The National Executive Committee of the ANC also considered a possible withdrawal from the ICC as an option that could arise as a last resort if there are no legal solutions that lead to an equal and consistent application of international law. The National Executive Committee of the ANC also decided to accelerate the establishment of an African Criminal Court, which would supplement the ICC as the last instance in cases affecting Africa.
"In addition, South Africa is considering a change in the law to translate the Rome Statute into national law," the statement states. This also includes a provision in Article 98 of the Statute providing for the waiver of immunity for persons in third countries accused by the ICC.
On the 24th In March, the Minister of Foreign Affairs and Cooperation, Naledi Pandor, announced that South Africa was considering a national law that would grant immunity to acting heads of state within the country from arrest warrants from the ICC.
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