Govt shifting court stance

Despite the ANC’s earlier unease with the International Criminal Court (ICC), apparent during the Jacob Zuma presidency, the appointment of former department of justice director-general Vusi Mavimbela as ambassador to the Netherlands underscores that the government regards the ICC as important, an analyst says.

With Sudanese authorities considering handing over former president Omar al-Bashir and other indicted individuals to the ICC to answer charges of crimes against humanity, Unisa professor Dirk Kotze said the ANC seemed to have toned down its rhetoric against the ICC.

“The appointment of the former justice DG Vusi Mavimbela to the Netherlands is not merely meant to show the importance of that country’s diplomatic relations with South Africa, but how vital it is to have someone there with justice experience, in order to interact with the ICC at the Hague,” said Kotze.

At its 2015 national general council, the ANC resolved to ask the ANC-led government to begin a process to withdraw its membership of the ICC, calling on parliament to begin amending the law implementing the Rome Statute, to align with Diplomatic Immunities and Privileges Act of 2008.

“The ANC continues to uphold and respect human rights and it condemns impunity, war crimes and acts of genocide, as resolved in Mangaung.

“However, it also opposes the double standards and selective actions of the ICC. The fact that permanent members of the United Nations (UN) Security Council that are not signatories to the Rome Statute have unfettered powers with regard to referring cases to the ICC,” read the national general council resolution.

Kotze said: “The South African government’s withdrawal from the ICC has so far not taken place and parliament has not passed any law affecting how the country related to the international justice body, which is good news.

“Undoubtedly, our foreign policy under Zuma as president took flak at the time al-Bashir visited South Africa to attend an African Union gathering, when a high court ruling to take al-Bashir into custody, was ignored.

“Thus far, the ICC has served as a deterrent to untouchable dictators like former president of Liberia Charles Taylor and former Chad president Hissène Habré.”

Taylor was sentenced to 50 years in a British prison after being found guilty of 11 counts of war crimes, crimes against humanity and other serious violations of international law. This followed the final ruling by the UN-backed Special Court for Sierra Leone in The Hague.

Former Chadian leader Habré was sentenced to life imprisonment in 2016 for crimes against humanity.