South Africa and the ICC: It’s not too late to change course
Remaining an ICC member would not mean South Africa agrees with every action the court takes or every aspect of the court’s functioning.
A plan for South Africa to stay in the ICC
Published in the Mail&Guardian on 10 September 2018. Almost two years after first announcing its intention to withdraw from the International Criminal Court (ICC), it remains unclear whether South Africa will exit the Rome Statute system. By Navi Pillay, Richard Goldstone, and Mark Kersten. Last December, Justice Minister Michael Masutha told a meeting of ICC member-states that the country was forging ahead with withdrawal. A few weeks ago, however, Minister of International Relations and Cooperation Lindiwe Sisulu insisted that no final decision had been made. In the meantime, Jacob Zuma has been replaced by Cyril Ramaphosa as South African President. The issue at hand is whether parliament will pass legislation that could open the doors for the executive to eventually withdraw the country from the Rome Statute of the ICC. There is, however, more than just a sliver of hope that South Africa could find a graceful exit from any plan to withdraw from the Court. At a recent event held by the Africa Group for Justice and Accountability and organised by the Wayamo Foundation in Cape Town, Minister Masutha stated that the International Crimes Bill – the first required for an ICC withdrawal – would soon be debated in
Justice Talks: Michael Masutha, South African Minister of Justice
South African Minister of Justice, Michael Masutha, speaks to Wayamo’s Bettina Ambach about South Africa’s possible withdrawal from the Rome Statute, challenges with the Malabo Protocol and the controversial question of head of state immunity.
Two court disputes test SA’s commitment to rule of law
Strong views were expressed at a seminar on South Africa and the ICC in Cape Town last week that South Africa should remain in the court. This is to both bolster international justice when it is under threat and to prove to the world – after the Zuma era – that South Africa remains committed to the rule of law. The seminar was organised by the Wayamo Foundation and the Africa Group for Justice and Accountability.
Don’t pull South Africa out of the ICC, judges urge Justice Minister Masutha
South Africa could help counter the global vacuum of respect for international law by supporting the International Criminal Court, says former Justice Richard Goldstone, who with Judge Navi Pillay has urged Justice Minister Michael Masutha not to withdraw the country from The Hague-based court.
Signs of an ANC shift on withdrawal from ICC
Differences within government and the ANC about South Africa’s withdrawal from the International Criminal Court could mean that the parliamentary process now under way might yet come to naught – but don’t expect much open debate on this before next year’s general elections.
