The ANC’s National General Council resolved today that the Government should withdraw its membership of the worldwide Criminal Court, but this should be preceded by discussions with other ICC members in the African Union.
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The decision was announced by Obed Bapela during a party policy meeting.
South Africa said it would approach the political body of the ICC for clarity on how the immunity of serving heads of state that are not parties to the ICC’s Rome Statute – such as Sudan – should be handled.
The ANC also raised concern that there were powerful nations which were refusing to be members of the court, yet have “unfettered powers to refer matters to the ICC”.
The decision was made due to the fact that the ICC has lost its direction and is no longer pursuing its guiding principle, Bapela said.
Bashir is wanted by the ICC for alleged war crimes related to the conflict in the Darfur region of Sudan.
Bapela said a national interest policy will be tabled in Parliament and will be fast tracked.
South Africa foreshadowed its withdrawal earlier this year when it refused to apprehend Sudanese president Omar al-Bashir on charges of genocide during a meeting of the African Union (AU) in Johannesburg, despite a court order barring his departure.
While South Africa is a signatory to the Rome Statute that established the ICC, the government argued that it couldn’t arrest Bashir because he was in the country for an event that fell under the AU’s jurisdiction.
The failure to detain Bashir was a blow to the ICC, which has come under criticism from African states for what they see as its disproportionate focus on the continent in bringing its prosecutions. The ANC says Africa should consider withdrawal.
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The United States is one of the countries that is not a member of the ICC. “Its application of law is not only atrocious, given the flawed processes that it employs; it is also selective and clearly targeted towards African and Arab leaders”, wrote memoirist Malaika wa Azania in a June 2015 column for South Africa’s Sunday Independent.
