DA to approach Constitutional Court on SA’s notice to withdraw from ICC

The Democratic Alliance says it will file an urgent application for direct access to the Constitutional Court in order to challenge the constitutionality of a notice initiating South Africa’s withdrawal from the Rome Statute of the International Criminal Court (ICC).

On Thursday‚ International Relations and Cooperation Minister Maite Nkoana-Mashabane signed an “instrument of withdrawal” from the ICC that was presented to the United Nations.

The Rome Statute of the International Criminal Court ‚ together with the Implementation of the Rome Statute of the International Criminal Court Act of 2002 (Implementation Act)‚ enjoins South Africa to arrest people who are wanted by the International Criminal Court (ICC) for genocide‚ crimes against humanity and war crimes and to surrender such persons to the ICC.

Justice Minister Michael Masutha confirmed on Friday that a bill proposing the repeal of the Implementation Act will soon be tabled in Parliament.

The DA said the decision by South Africa was at odds with the country’s commitment to international justice and human rights.

The DA said the decision marked a dramatic decline in South Africa’s standing in the international community.

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Its leader Mmusi Maimane said the withdrawal from the ICC was the ultimate betrayal of the country’s historical commitment to a human-rights based foreign policy.

“The truth is that under (President) Jacob Zuma‚ South Africa's foreign policy is increasingly defined by expediency and rogue behaviour. This is why it must be stopped.”

The party said one of the arguments that would be put before the Constitutional Court was that the notice of withdrawal was in breach of the Constitution‚ as it was delivered without first securing a resolution of Parliament authorising South Africa’s withdrawal from the Rome Statute.

“South Africa’s withdrawal from the ICC sends the message that as a country‚ with global standing‚ we do not believe in holding those who commit the most horrendous of acts‚ such as genocide and war crimes‚ to account.

“We are now siding with murderers and dictators from across the globe‚” Maimane said.

- TMG Digital