• Live
    • Audio Only
  • google plus
  • facebook
  • twitter
News > World

South Africa High Court Rejects Attempt to Withdraw from ICC

  • President Jacob Zuma during his State of the Nation Address in Cape Town, South Africa, Feb. 9, 2017.

    President Jacob Zuma during his State of the Nation Address in Cape Town, South Africa, Feb. 9, 2017. | Photo: Reuters

Published 22 February 2017
Opinion

The government says that despite the decision it will continue with its push to withdraw from the controversial court. 

A judge from South Africa’s highest court has blocked Wednesday an attempt for the country to withdraw from the International Criminal Court. While the international court has been plagued by accusations of an anti-African and neo-colonial bias, South Africa’s High Court has deemed the move as “unconstitutional and invalid.”

RELATED:
South Africa Increases Tax Rate for Country's Richest Earners

High Court Judge Phineas Mojapelo said that the withdrawal notice from President Jacob Zuma’s government should be scrapped because “without prior parliamentary approval is unconstitutional and invalid.”

In October, South Africa announced its withdrawal from the Hague-based court which investigates and prosecutes individuals for genocide, crimes against humanity and war crimes.

South Africans leading the push said that obligations under the ICC clash with diplomatic immunity laws of sitting leaders and promotes “regime change.”

The ICC criticized South Africa for failing to arrest Sudanese President Omar Bashir in 2015 while he was in the country and wanted on an ICC arrest warrant. Bashir was accused of crimes relating to the conflict in the Darfur region from 2008.

Justice Minister Michael Masutha, said that while the high court decision meant a delay, “the intention to withdraw still stands, as this is a policy decision of the executive.”

RELATED:
Boris Johnson Rejects Questions on Pro-Colonial Views in Africa

Opposition spokesman from the Democratic Alliance, James Selfe said that President Zuma and his African National Congress party did not respect the constitution and that “we would like South Africa to stay in the ICC because we believe that it is consistent with our constitution and with the legacy of Nelson Mandela.”

Last year, Gambia’s former President Yahya Jammeh referred to the court as the “International Caucasian Court” while announcing his intention to leave the court, but new President Adama Barrow said that Gambia would not be leaving the court. Burundi, Namibia and Kenya have also announced their intention to withdraw from the court.

Since the court was established in 2002, nine out of 10 investigations have been focused on Africa, with Georgia the only non-African state under official investigation. Other parts of the world with serious war crimes and human rights abuses, however, have been neglected.

Comment
0
Comments
Post with no comments.