ICC withdrawal: a new low in Zuma's rule
On Thursday, with no public announcement or consultation, South Africa informed the United Nations (UN) that it was withdrawing from the International Criminal Court (ICC), becoming the second nation in just a matter of days to do so. Burundi was the first.
But South Africa’s announcement was much more shocking. Whereas Burundi is currently experiencing violent political instability, and its leaders face immediate fears of being investigated and charged by the Court, South Africa is supposed to be a beacon of liberal democracy on the continent.
According to its world-renowned constitution, and the human rights-based foreign policy espoused by the late Nelson Mandela, South Africa should be at the vanguard of efforts to deliver justice to victims of war crimes and genocide.
Instead, South Africa now finds itself siding with wanted alleged war criminals, such as Sudan’s President Omar al-Bashir, who is accused by the ICC of committing genocide in Darfur. It is a remarkable fall from grace – although, if South Africans are honest with themselves, it was not entirely unexpected. South Africa’s ruling party, the African National Congress, has been making anti-ICC noises for some time, while South African diplomats have in recent years enthusiastically supported the continental backlash against the court.
Legally, the decision will have little immediate impact. The Rome Statute, which constituted the ICC, only allows for a state to withdraw a full year after the (legal) notice of withdrawal is delivered to the UN Secretary-General. In other words, South Africa will remain a member of the ICC until 20 October 2017. And the withdrawal will obviously not apply retrospectively in relation to South Africa’s legal obligations.