South Africa’s withdrawal rocks International Criminal Court

PRETORIA: South Africa announced on Friday that it is withdrawing from the International Criminal Court, dealing a major blow to a troubled institution set up to try the world’s worst crimes.

South Africa’s decision followed a dispute last year when Sudanese President Omar al Bashir visited the country for an African Union summit despite facing an ICC arrest warrant over alleged war crimes.

Justice Minister Michael Masutha told reporters in Pretoria that the court was “inhibiting South Africa’s ability to honour its obligations relating to the granting of diplomatic immunity”.

The ICC, set up in 2002, is often accused of targeting African leaders and has also struggled with a lack of cooperation, including from the United States which has signed the court’s treaty but never ratified it.

South Africa would be the first country to leave the court.

The withdrawal “shows startling disregard for justice from a country long seen as a global leader on accountability for victims of the gravest crimes,” Human Rights Watch said in a statement.

“It’s important both for South Africa and the region that this runaway train be slowed down and South Africa’s hardwon legacy of standing with victims of mass atrocities be restored.”

South Africa’s failure as an ICC signatory to arrest Bashir last year led to a wave of condemnation, which was met with an early threat from the government to withdraw from The Hague-based court.

Bashir has evaded arrest since his ICC indictment in 2009 for alleged war crimes in Sudan’s Darfur conflict.

Several African governments say the ICC has shown a post-colonial bias against the continent’s leaders, and opposition to the court has grown in recent years.

Earlier this month Burundi said it would withdraw, and Namibia and Kenya have also raised the possibility.

South Africa, which delivered a letter to the United Nations on Wednesday to activate its formal withdrawal, is likely to complete the process in one year.

The Democratic Alliance, the country’s main opposition party, immediately launched a legal appeal, describing withdrawal as “unconstitutional, irrational and procedurally flawed”.

“The decision... shows the depth of impunity and disregard for the rule of law within the ANC (ruling party),” it said.

“Clearly (Foreign Minister Maite) Nkoana-Mashabane has taken her lead from President Jacob Zuma.”