International Criminal Court: SA to remain signatory as Presidency concedes Cyril’s gaffe

The statement came hours after President Cyril Ramaphosa told reporters on Tuesday that the African National Congress (ANC) had decided it was prudent for the country to pull out of the Internatonal Criminal Court (ICC).

Now, the Presidency says the country will remain a signatory to the Rome Statute and “will continue to campaign for equal and consistent application of international law”.

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SA and the ICC: ANC briefing ‘error’

The Presidency attributed the error to a comment made during the governing party’s media briefing on Tuesday, relating to South Africa’s status with regard to the ICC.

“Regrettably, the President erroneously affirmed a similar position during the media session today [25 April 2023],” said the statement.

“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 from the ICC.”

The Presidency said the December resolution was reaffirmed at the governing party’s National Executive Committee (NEC) meeting which took place from 21 to 24 April.

The NEC had also reflected on the potential withdrawal from the ICC as an option that 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.

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BRICS summit: ICC pressure on SA to arrest Vladimir Putin

Debate within the governing party intensified since the international court issued an arrest warrant for Russian President Vladimir Putin in March.

Putin is being charged in relation to the abduction of Ukrainian children during the ongoing invasion of that country.

The Russian president is expected to visit South Africa for the BRICS (Brazil, Russia, India, China and South Africa) summit which will take place in Johannesburg in August.

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Failure to arrest Omar al-Bashir

South Africa has in the past violated its agreement with the Rome Statute when it failed to arrest former Sudanese president Omar al-Bashir who was facing charges of genocide and crimes against humanity.

But government has long complained of “double standards” relating to the way in which leaders are indicted.

“Accordingly, South Africa will work to invigorate the Malabo protocol that would establish a continental criminal court that would complement the ICC as a court of last resort,” said the Presidency.

Furthermore, South Africa is considering a legislative amendment that would domesticate the Rome statute so that it reflects all the articles of the Rome Statute. This includes provision of article 98 of the statute that 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,” the Presidency concluded.