Mixed messages were sent out by the South African government and the ruling African National Congress (ANC) on Tuesday regarding the country’s position on whether to withdraw from the International Criminal Court (ICC). South African President Cyril Ramaphosa’s office issued a statement seeking to clarify remarks the president made earlier in the day about South Africa withdrawing from the ICC. The statement emphasized that “South Africa remains a signatory to the Rome Statute” and corrected an error made during a media briefing by the governing ANC.
During a press conference, Ramaphosa had stated that the ANC had “taken that decision that it is prudent that South Africa should pull out of the ICC.” He cited the court’s “unfair treatment” of some countries as the reason for the decision. However, the ANC issued its own statement clarifying that an unintended impression may have been created and that “a categorical decision for an immediate withdrawal had not been taken.”
South Africa’s relationship with Russia, as a member of the BRICS, has raised concerns about the implications of a potential withdrawal from the ICC. South Africa has not condemned Russia’s actions in Ukraine and held joint naval drills with Russia and China earlier this year, which coincided with the one-year anniversary of Moscow’s invasion of Ukraine. The ICC issued an arrest warrant for Russian leader Vladimir Putin for illegally deporting Ukrainian children to Russia last month, and South Africa would theoretically be required to arrest Putin should he visit the country for the BRICS summit in August.
Vincent Magwenya, a spokesperson for Ramaphosa, previously stated that the government is “cognizant of our legal obligation” but will remain engaged with relevant stakeholders before the summit. Putin’s spokesperson also stated that a decision would be taken closer to the time. South Africa has faced criticism in the past regarding its obligations as a signatory of the Rome Statute when it allowed then-Sudanese President Omar al-Bashir to leave the country in 2015, despite an ICC arrest warrant for war crimes.
The ICC was established in 2002 to prosecute war crimes and crimes against humanity when member states are unwilling or unable to do so themselves. It has 123 member states, including South Africa. While the ICC is supported by many United Nations members and the European Union, other major powers like the United States, China, and Russia are not members and argue that the court could be used for politically motivated prosecutions.
