ICC withdrawal is illegal, parties say
South Africa’s decision has alarmed rights groups and raised fears of an African exodus from the court
South Africa’s main opposition party yesterday tried to block a government plan to withdraw from the International Criminal Court, saying the move is illegal and that the country’s top court should intervene.
The government acted unconstitutionally because it announced plans to withdraw from the human rights tribunal based in The Hague, the Netherlands, without consulting the South African parliament, the Democratic Alliance party said in an affidavit asking the Constitutional Court to hear its case. It described the government move as hasty and “procedurally irrational”.
South Africa has said a withdrawal bill will soon go to parliament, where the ruling African National Congress party has a majority and is likely to approve the measure.
Last week, South Africa notified the United Nations that it will withdraw from the treaty that created the International Criminal Court, alarming international human rights groups and raising fears of an African exodus from the court, which has more than 120 member states. Some African countries have argued that the court has unfairly targeted their continent and that they are strengthening their own institutions to deal with threats to human rights.
UN Secretary-General Ban Ki-moon regretted South Africa’s decision to withdraw from the ICC and expressed the hope that the government will reconsider it, according to a statement released on Monday by his spokesman. Ban recalled that South Africa had played a “significant role” in the establishment of the ICC and was one of the first signatories to the pact setting up the court.
“The Secretary-General believes that the International Criminal Court is central to global efforts to end impunity and prevent conflict,” the statement said. Ban added that countries can seek to resolve concerns regarding the functioning of the court through the Assembly of States Parties, the ICC’s oversight board.