By Tyler Campbell
Impunity Watch Reporter, Africa
PRETORIA, South Africa – Today the South African majority party, the African National Congress (ANC), has expressed plans to leave the International Criminal Court (ICC). This move is being spurred on by the criticism South Africa has faced from the court when it ignored ICC orders to arrest Sudanese president, Omar al-Bashi, when he visited there in June.
In June president al-Bashi visited South Africa to be at the 25th African Union Summit. At the time there was heated debate within South Africa over whether or not to arrest him. On one side, groups claimed that the South African government was in contempt of the ICC and of local courts for not acting on an arrest warrant for al-Bashi. From the passage of the Rome statute into South African domestic law, compliance with the ICC’s arrest warrant should have been mandatory. The majority ANC party defended its decision not to act by claiming al-Bashi had diplomatic immunity. They did not arrest him because he was attending the AU summit as a guest of the AU and was not on a state visit to South Africa. It is notable that this type of diplomatic immunity is given to heads of state that attend UN meetings with similar warrants.
Even at this earlier point in time the ANC was already discussing the idea of leaving the ICC. ANC Secretary General Gwede Mantashe had been vocal in expressing his frustration with the ICC. “It is a tool in the hands of the powerful to destroy the weak and it is a court that is focusing on Africa, Eastern Europe and Middle East,” he said.
This line of thinking must have festered until today when the ANC made their intentions official by announcing it in National General Council meeting. Now the South African Parliament must debate whether or not to actually leave the ICC. If the ANC votes along party lines it is likely that any motion will pass since they hold a 60% majority in parliament.
Even though nothing is set in stone South Africa has already begun to protect itself from any scrutiny, should they leave the ICC. They have downplayed the importance and usefulness of the ICC. “The principles that led us to be members remain valid and relevant… however the ICC has lost its direction unfortunately, and is no longer pursuing that principle of an instrument that is fair for everybody,” said Obed Bapela, the ANC’s international relations subcommittee chair.
For more information, please see:
The Guardian – ANC plans to withdraw South Africa from international criminal court – 11 Oct. 2015
News 24 – ANC wants SA to withdraw from ICC – 11 Oct. 2015
Deutsche Welle – South African government under fire over al-Bashir – 26 June 2015
