Flood of condemnation of ICC withdrawal decision

Justice Minister Michael Masutha’s attempt to justify the government’s decision to remove itself as a signatory to the Rome Statute and thus pull out of the International Criminal Court has brought a flood of protest by almost everyone outside the ANC, and legal action from the DA (see report below), notes Legalbrief. News of the withdrawal came after an ‘Instrument of Withdrawal’ emerged that was sent by International Relations and Co-operation Minister Maite Nkoana-Mashabane notifying the UN of the country’s intention to pull out of the ICC and cutting out Parliament in the decision-making process. The thrust of Masutha’s argument in support of the withdrawal was that government faced a conflict between its obligations to the African Union to grant its heads of state immunity, and its obligations to the ICC. The reasoning has been slammed as feeble and the act of withdrawal condemned as unlawful, unconstitutional and demeaning of Parliament by almost everyone, except the ANC, and, of course, Sudanese President Omar al-Bashir, who was quick to urge African members of the ICC to follow SA’s lead, insisting the ICC was a ‘new colonial tool’ targeting only African leaders. Government plans to withdraw from The Hague-based ICC were known as early as last year after it had breached its own laws and defied the courts to allow al-Bashir to leave the country despite an ICC warrant for his arrest in connection with alleged war crimes.