South Africa and the International Criminal Court - What Next? GroundUp_News: SouthAfrica
The International Criminal Court arrest warrant for President Vladimir Putin of Russia for alleged war crimes, and his possible participation in the Brazil, China, India, Russia summit later this year, has put South Africa's relationship with the ICC in the international spotlight.
The Putin and Al-Bashir situations are comparable in that Al-Bashir was also a sitting head of state at the time of his visit to South Africa and he was also the subject of an ICC arrest warrant for various atrocity crimes. After the Al-Bashir debacle, the South African government decided to withdraw from the ICC. The Rome Statute provides for withdrawal procedures, including a one year waiting period before the withdrawal becomes effective. But South Africa's attempt to withdraw from the ICC encountered domestic legal and constitutional obstacles. In a case brought by the Democratic Alliance, the government was ordered to follow the correct constitutional procedures to withdraw from the Rome Statute.
After this decision by the court and South Africa's failed attempt to withdraw from the ICC, the International Crimes Bill of 2017 was published by the government. This bill was not considered by Parliament and was in fact withdrawn earlier this year in light of the ANC's decision in 2022 that South Africa will remain a member of the ICC.
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