SA to review participation in ICC

Thursday, June 25, 2015

Pretoria – South Africa has decided to review its participation in the Rome Statute of the International Criminal Court (ICC), says Minister in the Presidency responsible for Planning Monitoring and Evaluation, Jeff Radebe.

This comes after Sudanese President Omar Al Bashir left the country in contradiction of a court order to have him arrested when he was attending the 25th African Union Summit in Johannesburg at the beginning of the month.

When President Bashir attended summit, the ICC released a statement calling on the South African government to fulfil its obligations to the Roman Statute by arresting him after the court issued international warrants against him for human rights violations in his country.

Addressing media following the Cabinet meeting held yesterday, the Minister said South Africa noted contradictions in various articles in the Rome Statute of the ICC on indemnity for Heads of State.

He said Article 27 provides for any person, irrespective of official status to be held accountable for crimes they are alleged to have committed.

“Article 98(2) is significant and unambiguous. It clearly states that the ICC may not request the surrender of a person by the requested State, if that would result in the requested state breaching its international obligations, unless the ICC itself can first obtain the cooperation of the sending State,” Minister Radebe said.

He said Article 98(2) places an obligation on the ICC to assist countries to execute warrants of arrest.

“It is abundantly clear that the ICC was aware that South Africa may have difficulties in executing the warrant arrest for President Bashir, because of its international obligations,” Minister Radebe said.

South Africa had to balance its obligations to the ICC with its obligations to the African Union and its obligation to individual states, including those in Africa, in terms of the international treaties which it had concluded.

He said South Africa accepted an invitation by the ICC to discuss concerns it had with Article 97 in good faith and hoped for a constructive, fruitful and meaningful discussion on the difficulties experienced by South Africa in executing the warrant of arrest.

“In fact, South Africa had a number of issues with the validity of the execution of the warrants of arrest and South Africa’s international obligations which arise from its membership with the AU,” Minister Radebe said.

An initial meeting was held with the ICC on 12 June, a second meeting which was planned for 14 June did not materialise because on 13 June the prosecutor of the ICC made an urgent application to the ICC.

“The prosecutor asked that the details of the urgent request remain confidential, but the decision of the ICC is made public.

“In effect the ICC, without hearing South Africa, decided that the Article 97 consultations had ended and that South Africa was under an obligation to arrest and surrender President Al-Bashir,” he said.

Minister Radebe said it appeared the ICC had not extended the invitation to South Africa to consult with it in terms Article 97 in good faith and in a serious and sincere effort to assist South Africa.

He added that South Africa would be preparing a report for the ICC's Assembly of States Parties later this year. – SAnews.gov.za