African countries take leave of the ICC

Kenya and Burundi follow SA’s example by quitting Criminal Court

SOUTH Africa’s withdrawal from the International Criminal Court (ICC) has spurred other African countries to follow suit. Kenya has now joined the list of countries on the continent to leave the ICC. This followed Burundi’s decision immediately after South Africa announced its withdrawal.

Kenya’s cabinet was said to be finalising a decision to withdraw after the country criticised the ICC for prosecuting its President Uhuru Kenyatta, his deputy, William Ruto and four leaders for the post-election violence in 2007.

The case crumbled before the ICC last year, leading to their acquittal.

Justice Minister Michael Masutha said yesterday South Africa’s international diplomatic system would not be held to ransom.

There were heads of state who wanted to visit South Africa, but had postponed because of the legal uncertainty created by the ICC.

The country wanted to make it clear that leaders who visited South Africa were subject to diplomatic immunity, and there should be no questions about it, he said.

There should be no different interpretations of the provisions of the Rome Statute regarding the implementation of diplomatic immunity.

The withdrawal from the ICC will create clarity for South Africa and not place it in the quandary it found itself in the President Omar al-Bashir matter.

Al-Bashir, Sudan’s president, and President Yoweri Museveni of Uganda have lobbied other African countries to withdraw from the ICC.

Masutha said there was no need for

MASUTHA SAID SA’S INTERNATIONAL DIPLOMATIC SYSTEM WOULD NOT BE HELD TO RANSOM

the DA to run to the courts to seek the reversal of the decision.

He said he had expected the DA to raise the matter in Parliament as it was still to be discussed there.

This follows DA leader Mmusi Maimane’s decision yesterday to seek direct access to the Constitutional Court to hear the matter on an urgent basis.

Masutha said he did not understand the urgency of the matter as the notice of withdrawal was for a year and the DA would have an opportunity to raise its objections and concerns in Parliament.

But the DA said it could not allow South Africa to withdraw from such an important institution that held world leaders accountable.

The DA said it would not condone human rights abuses, violence and war crimes to took place in Africa while leaders were allowed to roam the continent.

Maimane said the withdrawal from the ICC was in breach of the constitution.

But Masutha said there was no violation of the constitution because the law allowed the cabinet to sign international agreements.

The cabinet was within its rights in 2002 to enter into the Rome Statute and it was within its rights now to withdraw from the ICC.

Masutha said the notice of withdrawal would give effect to cabinet’s decision.