Africa-Press – South-Africa. It’s hypocritical to expect South Africa to arrest Russian President Vladimir Putin while “big powers” walk free, said ANC secretary-general Fikile Mbalula on Tuesday.
Addressing the media at Luthuli House, Mbalula said Africans were used as scapegoats and burdened with the responsibility of detaining prominent leaders.
“This ICC does not serve the interest of all; it serves a few. America [has] not signed, all the big powers have not signed, and these are the people who are messing up the world. They cannot be arrested, but they have influenced others to be arrested.”
He confirmed that the ANC would be responsible for withdrawing the country from the International Criminal Court (ICC) and said it welcomed Putin’s arrival for the BRICS summit in August.
Mbalula said President Cyril Ramaphosa had taken a non-aligned stance.
“We know what we stand for, and if they punish us because of [being] non-partisan on the Russia and Ukraine conflict, we stand for that. We took a stand. We are now engaging with the United States in relation to Russia,” Mbalula said.
Meanwhile, speaking at the state visit of Finnish President Sauli Niinistòˆ on Tuesday, Ramaphosa said he supported the decision taken by ANC but hoped that a discussion could be held about the unfair treatment the country has 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 … what many people believe is unfair treatment and our view is that we would like this matter of unfair treatment to be properly discussed.”
He said that any decision on what action South Africa would take should Putin visit the country would be communicated in due course.
“Having heard what the ICC has said in relation to President Putin, that matter is under consideration and discussion. I have often said when I am asked this question, that when the matter is finalised, we will be able to tell everyone what our posture is going to be on all this.”
Professor Malte Brosig from Wits University’s International Relations Department said it was unusual for countries to de-sign from the Rome Statute, adding that even if South Africa withdrew from the ICC, the legal procedure would take a year, therefore, keeping the government accountable to uphold the warrant.
“The withdrawal also follows legal procedure, so it takes some time until it has taken full effect. I think it’s around a year or so until you completely de-sign.
“The Rome Statute will still apply to you. So, technically speaking, if Mr Putin travels to South Africa even after the de-signing today, it would still mean we have a legal obligation to execute the arrest warrant that has been issued.”
However, Brosig said that because of the war it was likely that Putin would miss the summit. He said that Putin could either attend the meeting of the heads of the state virtually or send his second, Igor Sechin, adding that it might be a “non-issue” should he not enter the country.
“Given the cause of the war in Ukraine, it’s highly uncertain Putin would like to travel outside of Russia. He hasn’t done that extensively since the war started. So, it might also be sort of a non-issue we are talking about. [I’m] not sure how high the chances are, but I don’t think they are very high.
“Russia is also thankful for South African support and not condemning the war, so I don’t think Russia would like to make political life more difficult for South Africa.”
Brosig said it was unlikely that South Africa would receive severe consequences after South Africa had failed to detain former Sudan president Omar Al Bashir, who had an ICC warrant for his arrest.
“There will be some responses in terms of how credible South Africa is when it’s adhering to international criminal law issues, but in the end, South Africa also survived the Omar Al Bashir case.”
International Relations and Cooperation Minister Naledi Pandor, responding to African Transformation Movement (ATM) leader Vuyolwethu Zungula, maintained that the BRICS summit would succeed following Putin’s acceptance.
Pandor, in a letter, acknowledged Zungula’s concerns about whether the government will arrest him upon arrival.
This was in response to a letter addressed to the minister, Ramaphosa, and Justice Minister Ronald Lamola by Zungula on 2 April, who called for the government to withdraw South Africa from the ICC.
In her letter, Pandor said South Africa would consider withdrawing and would be “guided” by policy, the Constitution, and the interests of local citizens.
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