Pretoria: South Africa is pulling out of the International Criminal Court (ICC) because its obligations are inconsistent with laws giving sitting leaders diplomatic immunity, Justice Minister Michael Masutha said on Friday.
Pretoria said last year it planned to leave the ICC after it was criticised for ignoring a court order to arrest Sudanese President Omar Hassan Al Bashir, who is accused of genocide and war crimes, when he visited. Bashir has denied the accusations.
Masutha said to ensure South Africa’s continued ability to conduct active diplomatic relations, a bill to repeal South Africa’s adoption of the ICC’s Rome Statute would soon be brought to parliament.
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.
A document seen by Reuters at the United Nations on Thursday showed the move would take effect one year after notice is formally received by Secretary-General Ban Ki-moon.
The document was signed by South Africa’s Minister of International Relations and Cooperation Maite Nkoana-Mashabane and dated October 19.
The International Criminal Court, which opened in July 2002 and has 124 member states, is the first legal body with permanent international jurisdiction to prosecute genocide, crimes against humanity and war crimes.
Several African countries have expressed concern that the focus of The Hague-based court has been on Africa rather than elsewhere in the world.
