Ruling reserved in DA challenge to the state on ICC
THE HIGH court in Pretoria yesterday reserved judgment in the DA’s application to have South Africa’s withdrawal from the Rome Statute of the International Criminal Court halted.
After hearing lengthy arguments for the second consecutive day, Deputy Judge President Phineas Mojapelo said the full bench of three presiding judges would now ponder the case.
“We cannot shoot from (the) hip,” he said before adjourning the court.
Earlier, the court heard argument that the DA’s court application was premature.
“We say that it is premature, and one of the several reasons is that it is before Parliament.
“It is being considered by Parliament,” said advocate Jeremy Gauntlett SC, for President Jacob Zuma and his ministers of international relations and justice.
“There is a motion seeking approval of the withdrawal from the Rome Statute. There is a continuing diplomatic process being conducted with the ICC itself and the ASP (Assembly of State Parties).”
Gauntlett said the relief sought by the DA, joined by other parties including the Helen Suzman Foundation, the Southern African Litigation Centre, and the Peace and Justice Initiative, was unprecedented.
“This is not bread-and-butter stuff. I will be corrected if I’m wrong but this is the first instance that I know of where a formal decision of the executive in its highest form, the cabinet, is sought to be declared invalid,” said Gauntlett.
“We are not saying this is a no-go area for the court; there are no no-go areas. We don’t have the political questions doctrine in South Africa, but what we do have is the separation of powers.”
He said previous assertions made to the court, stating that South Africa was pulling out of the ICC for the sole reason of protecting Sudanese President Omar al-Bashir, who is wanted for war crimes, was a half truth.
“It is said that it’s only President Omar al-Bashir who is at stake. No, it’s not. The ICC had a warrant out against President Uhuru Kenyatta (of Kenya). We also know that there will be other heads of state who will be subjected to these proceedings,” said Gauntlett.
He explained that instead of focusing on the prosecutions of alleged perpetrators on the continent, South Africa was focusing on brokering and maintenance of peace.
“We have peacekeeping forces in the DRC (Democratic Republic of Congo). We also have them in the Central African Republic. They are racked by allegations of genocide, torture and rape,” he said. – ANA