SA withdrawal from ICC raises human rights worries

THE government’s decision to withdraw from the International Criminal Court casts a shadow over South Africa’s commitment to ending global human rights concerns.

This is according to Centre for Constitutional Rights director Phephelaphi Dube, who believes the decision will be a blow to South African courts presiding over cases involving international law.

On Friday, Justice Minister Michael Masutha announced that the government had decided to remove itself from the Rome Statute, allegedly because it was in conflict with its AU obligations.

The notice submitted to the ICC cited the court’s perceived bias towards African states.

However, the withdrawal would probably take at least a year.

In the meantime, South Africa was required to co-operate with the court about any matters that started before the withdrawal date, Dube said.

“This means that South Africa still has a duty towards the ICC in respect of the al-Bashir matter, for which a warrant of arrest has been issued … Unless a court deems the order invalid or the order is discharged through the arrest of (Sudanese President Omar) al-Bashir, the warrant of arrest is still valid,” she said.

“The constitution makes it mandatory for the courts, when interpreting the law, to consider international law. As such, South Africa will be hard-pressed to completely rid itself of the demands of international justice even if the state does not necessarily wish to subscribe to the same international laws.”

Dube said no African court had the same jurisdiction as the ICC, which should compel African nations to remain in the organisation.

“There have been and there continue to be gross human rights violations in many parts of the world, with perpetrators largely committing such violations with impunity. The ICC is an important tribunal through which there can be an end to impunity,” she said.

The DA announced yesterday that it would file an urgent application for direct access to the Constitutional Court in order to challenge the constitutionality of a notice initiating the withdrawal.

“We are now siding with murderers and dictators from across the globe,” said DA leader Mmusi Maimane.