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First with the News

South Africa Will Not Withdraw From ICC, Presidency Confirms

April 26, 2023
in Legal, Top Stories
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South Africa Considers Law Change To Exercise Arrest Powers Over ICC-Wanted Leaders

Russian President Vladimir Putin with his South African counterpart, Cyril Ramaphosa.

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By John Ikani

South Africa’s presidency has issued a statement clarifying that the country will not be withdrawing from the International Criminal Court (ICC).

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The clarification became necessary after South Africa’s president, Cyril Ramaphosa told reporters on Tuesday: “The governing party, the ANC, has taken the decision that it is prudent that South Africa should pull out of the ICC largely because of the manner in which the ICC has been seen to be dealing with these types of problems.”

Within hours however, his office issued a statement saying “The presidency wishes to clarify that South Africa remains a signatory (to the ICC).”

According to the presidency, the earlier statement by Ramaphosa had erroneously affirmed a position similar to that of the ANC.

The ANC’s executive committee had discussed the “unequal” and “often selective application of international law by the ICC”, but no categorical decision for an immediate withdrawal had been taken.

The confusion arose after the ICC issued an arrest warrant last month against Russian President Vladimir Putin, which would have obliged South Africa to detain him on arrival as the country is due to host the BRICS summit this year.

Although Ramaphosa acknowledged the warrant, he said the matter of whether Putin would be arrested was still under consideration.

Fikile Mbalula, the ANC’s secretary-general, had earlier suggested that “Putin can come anytime in this country”.

South Africa has maintained a neutral stance in the Ukraine conflict and prefers dialogue to end the war.

It has close ties with Russia dating back to the period when the Kremlin supported the ANC in its fight against apartheid.

South Africa had attempted to withdraw from the ICC in 2016 following a dispute when then-Sudanese President Omar al-Bashir visited the country for an African Union summit. However, the move was later ruled unconstitutional.

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