Africa-Press – South-Africa. The Presidency and the ANC have backed down from comments that South Africa will exit the International Criminal Court (ICC).
Late last night, the Presidency released a statement clarifying comments the party’s secretary-general, Fikile Mbalula, had made on the country’s position with the ICC, as well as comments from President Cyril Ramaphosa himself.
Speaking during the state visit of Finnish President Sauli Niinistö on Tuesday, Ramaphosa said he supported the ANC’s decision but hoped a discussion could be held on the unfair treatment the country had experienced at the hands of the ICC.
“Yes, the governing party, the African National Congress, has taken the decision that it is prudent that South Africa should pull out of the ICC, largely because of the manner in which the ICC has been seen to be dealing with these types of problems, and there’s also been commentary, I believe, from Amnesty International on what … many people believe is unfair treatment, and our view is that we would like this matter of unfair treatment to be properly discussed,” the president said.
However, in a statement the Presidency released, spokesperson Vincent Magwenya said South Africa would remain a signatory to the Rome Statute and would continue to campaign for equal and consistent application of international law.
“This clarification follows an error in a comment made during a media briefing held by the governing African National Congress on South Africa’s status with regard to the ICC. Regrettably, the president erroneously affirmed a similar position during a media session today (Tuesday),” the statement read.
Magwenya said South Africa would remain a signatory in line with a resolution taken at the ANC’s national conference in December.
At the conference, he said, the governing party resolved that withdrawing from the ICC “would arise as a measure of last resort in the absence of legal options that would result in fairness and consistency in the administration of international law”.
“A legislative amendment has been considered which would ‘domesticate’ the statute and requires a waiver of immunities for persons charged by the ICC from third-party countries where there is no referral by the United Nations Security Council,” Magwenya added.
At a media briefing on Tuesday, Mbalula said South Africa would not remain a “scapegoat” for “big powers” by carrying the responsibility to detain prominent leaders.
He said the ANC would revoke South Africa as a signatory from the ICC. The ANC has also backtracked.
In a statement on Wednesday, it reiterated its concern that Western countries practised double standards by “imposing” its will on African states.
It said the withdrawal would remain the country’s last resort if matters did not improve.
“The secretary-general provided a reflection on the NEC discussion to the extent that a withdrawal from the ICC was also raised. Importantly, it was raised as a measure of last resort that would arise if- and only if – the other options… do not yield the desired results of fairness and consistency in the administration of international law.”
The party called on the United Nations Security Council to ensure fairness and universal values were applied and practised in the international community.
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