Court rules SA’s notice of withdrawal from ICC is unconstitutional

The North Gauteng High Court has ruled in favour of the Democratic Alliance’s (DA) court bid that government’s notice of withdrawal from the International Criminal Court (ICC) without Parliament’s approval is invalid and unconstitutional.

The official opposition filed an affidavit in November last year arguing that the notice of withdrawal from the international tribunal, which was expected to come into effect in October, was ill-considered and done in a rash manner without following proper processes.

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The DA contended that parliament’s approval was required before the notice could be delivered to the UN.

Government argued it was Cabinet’s decision to approve the notice of withdrawal from the Rome Statute, insisting South Africa’s obligation under the Rome Statute had impeded peacekeeping and peace negotiations.

The high court has ordered government to revoke the notice of withdrawal.