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SA’s withdrawal from ICC denounced as ‘a deep betrayal’, ‘a disgrace’

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International Relations Minister Maite Nkoane-Mashabane
International Relations Minister Maite Nkoane-Mashabane

Amnesty International has denounced the decision by the South African government to leave the International Crime Court as “a deep betrayal of millions of victims worldwide”.

“South Africa’s sudden notice to withdraw from the ICC is deeply disappointing. In making this move, the country is betraying millions of victims of the gravest human rights violations and undermining the international justice system,” said Netsanet Belay, Amnesty International’s research and advocacy director for Africa.

South African diplomats delivered a notice, which was signed off by International Relations Minister Maite Nkoane-Mashabane on Thursday afternoon, to the United Nations in New York.

Spokesperson Stephane Dujarric confirmed today that the UN had received notice of SA's withdrawal, which will take effect from October 19 2017.

South Africa was criticised for being non-compliant with the rules of the ICC after it failed to arrest Sudan President Omar al-Bashir, after he visited the country last year to attend an African Union summit. Bashir, who was wanted for war crimes by the ICC, left the country before the courts decided that South Africa should indeed have arrested him.

Amnesty International argued that by leaving the ICC, South Africa was abandoning its role as a champion of human rights and justice.

“The Rome Statute is a covenant between countries that they will no longer allow crimes under international law, including apartheid, to be committed with impunity,” Belay said.

The decision was received with severe backlash from the Democratic Alliance too, after they approached the courts on Friday to have the notice of withdrawal from the ICC set aside on the grounds of it being “unconstitutional, irrational and procedurally flawed”.

“The decision by Minister Nkoane-Mashabane to act unilaterally on this matter is a disgrace and shows the depth of impunity and disregard for the rule of law within the ANC. Clearly she has taken her lead from Jacob Zuma,” said DA member of Parliament James Selfe.

Meanwhile Justice and Correctional Services Michael Masutha said this morning that South Africa was hindered by the implementation of the Rome Statute of the ICC.

“This act and the Rome Statute of the International Criminal Court compel South Africa to arrest people who may enjoy diplomatic immunity under customary international law but who are wanted by the International Criminal Court for genocide, crimes against humanity and war crimes and to surrender such people to the International Criminal Court. South Africa has to do so, even under circumstances where we are actively involved in promoting peace, stability and dialogue in those countries,” Masutha said.

This afternoon Parliament released a statement acknowledging Masutha's correspondence informing the National Assembly of the cabinet decision, as well as his request "to explain the decision in Parliament."

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