ANC MPs called on the African Union to “strengthen its own institutions created to promote human rights and protect the people of Africa against crimes against humanity”.
Advertisement
“This matter is of such grave import for the rule of law and South Africa’s constitutionally mandated position against human rights atrocities, that it must be debated in the National Assembly”, said Singh.
Pretoria drew a sharp rebuke from the ICC when it failed to arrest Bashir, who is wanted for crimes against humanity, a charge that he denies.
Masutha told reporters in the capital Pretoria that implementation of the statute was “in conflict and inconsistent with” South Africa’s Diplomatic Immunities and Privileges Act.
Masutha said there was uncertainty around customary global law in relation to diplomatic immunity versus those who were wanted for serious violations of human rights.
‘It is unclear if other states will follow South Africa’s lead, but it is clear that states are more likely to follow South Africa’s lead than Burundi, with whom many African states have tensions, ‘ Kersten said.
The ICC has a notoriously turbulent relationship with the African continent.
A South African judge ordered that al-Bashir be prevented from leaving South Africa after lawyers at the Southern Africa Litigation Centre brought an urgent interdict to the court to compel the government to arrest al-Bashir.
The exits are evidence of a groundswell of discontent among African states with the ICC.
In a major setback, its highest profile case – over Kenyan President Uhuru Kenyatta’s involvement in election violence – collapsed two years ago.
All but one of the ICC’s 10 investigations have been based in Africa.
So is this the beginning of the end of the world’s first permanent war crimes court?
The call to withdraw will only come into effect in 12-months’ time.
But Mr. Masutha indicated that Africa is still concerned about human rights.
The ICC represented an important mechanism for victims of human rights violations to access justice and to end impunity in the particular situation where their family and loved ones had been killed and maimed.
“We also believe that the decision itself has been taken in a way which is unconstitutional, unlawful …accordingly, we will we will be lodging papers in the constitutional court on Monday morning seeking the court’s ruling seeking that it reviews and sets aside this decision by the South African government”. The U.S.is not included.
The decision comes in the wake of the withdrawal process recently initiated by Burundi. This makes it the second country this week to pull out, after Burundi filed to leave on Tuesday.
Advertisement
Several African countries have expressed concerns that the Hague tribunal was focused primarily on Africa, to the detriment of other areas of the world, Reuters noted.
