South Africa backtracks on quitting International Criminal Court

By Hassan Isilow

JOHANNESBURG (AA) — South Africa has affirmed that it planned to remain in the International Criminal Court (ICC) after the country's president said it could pull out of The Hague-based tribunal.

In a statement, the office of President Cyril Ramaphosa clarified the country's position late on Tuesday that it remained a signatory to the court's founding document, the 1998 Rome Statute, and would continue to campaign for equal and consistent application of international law.

This came hours after Ramaphosa said that his governing African National Congress (ANC) party had resolved to pull out of the ICC, making the remark as he addressed a joint news conference with visiting Finnish President Sauli Niinisto in the capital Pretoria.

The statement Ramaphosa was mistaken in an earlier comment during a press briefing held by the ANC on South Africa's status concerning the ICC.

"Regrettably, the President also erroneously affirmed a similar position during a media session on Tuesday," it added.

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 court.

The ICC issued an arrest warrant last month for Russian President Vladimir Putin, who is expected to visit South Africa in August to attend a conference of BRICS, a group of major developing countries that also include Brazil, India, and China.

During Tuesday's briefing, Ramaphosa said the ANC decided that South Africa should withdraw from the ICC, "largely because of the manner the ICC has been seen to be dealing with these types of problems."

Ramaphosa also said his country wanted the matter of unfair treatment by the ICC to be properly discussed.

His office said that by remaining a signatory to the Rome Statute, South Africa was guided by the importance of strengthening institutions of global governance.

It added that the country would also work to invigorate another agreement, known as the Malabo protocol, that would establish a continental criminal tribunal to complement the ICC as a court of last resort.

"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 statement said.