Fair must be fair at ICC

THIS WEEK it was reported that senior

staffers at the International Criminal

Court said they believed South Africa

would send out the wrong message if it fol-

lowed through on threats to pull out of the organisa-

tion. They also warned that even if it did decide to

cut ties, South Africa would still have to answer as to

why it let Sudan’s President Omar al-Bashir – want-

ed by the ICC for genocide, crimes against humanity

and war crimes in Darfur – leave South Africa.

This occurred as he attended an African Union

meeting in Sandton in June and happened despite

the ICC having a warrant out for his arrest, to

which South Africa has long been privy.

The government is undecided as to whether it

will end its membership of the ICC. The Bashir in-

cident is, meanwhile, still before court. But the

greatest pressure to close our chapter with the ICC

emanates from the ruling party itself, the ANC hav-

ing effectively received such a mandate from the

party’s membership at its national general council.

The ANC is in agreement with other ruling parties

on the continent, with most cases which have either

appeared before the ICC, or are still to be adjudicated,

involving Africans. It became an emotional issue ear-

lier this year, with many South Africans torn be-

tween principles: the value of a global court to deal

with some of the worst crimes of the past two cen-

turies; the right of Africans to mete out justice in our

own context and an equal examination of the West.

That’s why the African Court of Justice exists,

but it has none of the influence or reach of the ICC.

Our view is that South Africans who are against

the ICC have a point about prosecutions of Western

leaders who have committed atrocities. These would

include one of the most dangerous men in the West,

ex-British prime minister Tony Blair. It is also impor-

tant to note that our vacillation may, finally, help the

ICC to bring the case, at least, of Britain’s military in

Iraq to the stand. The same would be true of US

forces in Afghanistan, a case already with the ICC.

Fair’s fair. Barbarity knows no race or country.