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SA opposition to approach ConCourt over ICC withdrawal

Xinhua, October 24, 2016 Adjust font size:

South African opposition Democratic Alliance (DA) will file an urgent application next week to the Constitutional Court (ConCourt) over the country's decision to withdraw from the International Criminal Court (ICC), the party said on Sunday.

Withdrawing from the ICC will reduce the country's standing in the international community, DA leader Mmusi Maimane said in a statement.

On Friday, Minister of Justice and Correctional Services Michael Masutha said South Africa has written to the ICC, telling it of the withdrawal decision.

Mmaimane said the withdrawal is unconstitutional and should have been debated in the National Assembly. He said a resolution from Parliament was supposed to be sought before taking the decision by the government.

South Africa's dispute with the ICC started in June last year when Sudanese President Omar al-Bashir attended the African Union (AU) Summit in Johannesburg. South Africa declined an ICC request to arrest al-Bashir who is accused of human rights abuses and is wanted for trial by the ICC.

Masutha said South Africa is forced by the Rome Statute, under which the ICC was established, to arrest people who enjoy diplomatic immunity.

The South African government also says it must abide by the rules of the AU which stipulates that any sitting head of state in Africa cannot be arrested.

South Africa has already sent a written notice of withdrawal to UN Secretary General Ban Ki-moon. The withdrawal will become effective one year after notification of the notice.

On last Tuesday, Burundi's President Pierre Nkurunziza also signed legislation for his country to withdraw from the ICC. Nkurunziza is being investigated by the ICC for alleged human rights abuses.

Zimbabwean President Robert Mugabe has also threatened to withdraw from the ICC, accusing it of being unfair to African states. Endit