INTERNATIONAL CRIMINAL COURT (ICC): PRESIDENCY CLARIFIES SOUTH AFRICA’S POSITION

INTERNATIONAL CRIMINAL COURT (ICC): PRESIDENCY CLARIFIES SOUTH AFRICA’S POSITION

• 27 April 2023
• Justice & Constitutional Development
• SA Legal Academy

‘South Africa remains a signatory to the Rome Statute and will continue to campaign for (the) equal and consistent application of international law.’ This is according to a backdated media statement posted on the Presidency website on 27 April 2023.

The statement was issued following comments made by President Cyril Ramaphosa during a press briefing on the ANC national executive committee’s (NEC’s) recent lekgotla (21 to 24 April 2023) – and ‘affirmed’ during a ‘media session’ on 26 April 2023.

‘South Africa remains a signatory to the ICC in line with a resolution of the 55th National Conference of the ANC – held in December 2022 – to rescind an earlier decision to withdraw’, the statement continued.

According to the Presidency, during the NEC lekgotla ‘the December resolution was reaffirmed’. South Africa’s ‘potential withdrawal from the ICC as an option … (only) would arise as a measure of last resort in the absence of legal options that would result in fairness and consistency in the administration of international law’.

‘South Africa is considering a legislative amendment that would domesticate the Rome statute so that it reflects all … articles ... including … article 98, (which)… requires a waiver of immunities for persons charged by the ICC from third party countries where there is no referral by the United Nations Security Council.’

‘The manner in which the UK domesticated the Rome Statute to incorporate the provisions of article 98 has been recommended as a guideline case study.’

• Presidency media statement
• ANC NEC post-lekgotla press release

Published by SA Legal Academy Policy Watch

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