CLARIFICATION OF ANC POSITION ON THE ICC

25 April 2023

The African National Congress's Secretary-General presented the discussions and decisions of the National Executive Committee to the public at a press conference earlier today, 25 April 2025. This presentation covered discussions and decisions of the National Executive Committee (NEC) on international relations issues including ANC's position on the International Criminal Court (ICC).

Members of the NEC discussed the unequal and inconsistent way international law is applied and this includes the often-selective application of international criminal law by the ICC.

The NEC discussions highlighted the need to revitalize the Malabo protocol which would establish a continental criminal court that would complement the ICC as a court of last resort.

The NEC also discussed options to amend national legislation that would domesticate the Rome statute in manner reflects all the articles of the Rome Statute. This includes provision of article 98 of the statute that 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.

There are several jurisdictions across the world which were used as a benchmark for this approach for instance the United Kingdom domesticated the Rome Statute to incorporate the provisions of article 98.

The ANC's post NEC statement reflects the discussions of the NEC in this regard.

At the press conference, 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 outlined above do not yield the desired results of fairness and consistency in the administration of international law.

In outlining this broad context of discussion, an unintended impression may have been created that a categorical decision for an immediate withdrawal had been taken. This is not so. We reiterate the resolution of conference remains our policy position until such a point where its implementation does not yield the required result.

Issued by the ANC, 25 April 2023

Relevant section of 2022 national conference resolution: 

63. International Criminal Court (ICC)

a. Noting the ANC’s previous position on the continental approach signaling countries of the continents’ withdrawal and robust engagement have positively impacted and contributed to the ICC being substantively reformed for the better.

b. Further, noting that only a few countries in our continent have ratified the Malabo Protocol, thus delaying the establishment of the African Court of Justice and Human Rights.

c. The ANC and the South African government must rescind the withdrawal from the ICC Court and intensify its lobby for the ratification of the Malabo Protocol.