ICC U-turn: Government now in need of moral turnaround – Solidarity 

9 March 2017

Trade union Solidarity said today that the government’s U-turn with regard to South Africa’s withdrawal from the International Criminal Court (ICC) should prompt it to reassess its moral direction.

According to Dr Eugene Brink, political analyst at the Solidarity Research Institute (SRI), the Omar Al-Basjir fiasco which took place here in 2015, is indicative of government’s contempt for the courts. “The government was ordered by the High Court to extradite Pres. Omar Al-Basjir of Sudan, a man with the blood of thousands upon thousands of people on his hands, to the ICC. The government disregarded the court’s ruling and did not extradite him, and then it simply went ahead with the unlawful process to withdraw,” Brink said.

According to Brink, it is encouraging that in its attempt to withdraw from the ICC, the government encountered opposition from the courts, the media, opposition parties and, eventually, civil society as well. “It is regrettable that although the government underestimated the extent of the opposition it would encounter, it nonetheless decided to go ahead and withdraw from the ICC unlawfully.

According to Brink, this debacle is just one of many that will leave a long lasting blemish on the ANC’s reputation. “The fact that the courts had to be used once again to stop the ANC government under the leadership of President Zuma from taking unlawful action, is a sad reality,” Brink said.

Brink also said that it was not at all true that many other African states were withdrawing from the Court. “A few autocratic leaders’ dissatisfaction and statements can in no way be construed as general dissatisfaction in Africa about the court’s workings. The court is indeed protecting ordinary Africans,” Brink explained.

With all eyes fixed on it, government’s actions would be even more important from now on, according to Brink. “Although South Africa is still a member of the ICC, its de facto actions would weigh more than its de jure membership.”

Issued by Eugene Brink, Senior Researcher: Solidarity Research Institute, 9 March 2017