ICC officials granted SA diplomatic immunity

International Relations & Co-operation Minister Ronald Lamola has provided diplomatic immunity to officials of the International Criminal Court (ICC). A Business Day report notes this is in terms of the Diplomatic Immunities and Privileges Act, which exempts diplomats or foreign officials from certain laws and taxes in the country where they are working. While the government was not expecting an ICC delegation to visit, the move was standard practice to ensure that immunity was in place, said a highly placed source in the department. The diplomatic immunity, which was gazetted in December, ensures that ICC officials are immune from the criminal and civil jurisdiction of SA courts, including immunity from arrest, detention, or seizure of personal belongings and also exemption from immigration restrictions. ‘Archives of the ICC, and all papers and documents in whatever form, and materials being sent to or from the ICC, held by the ICC or belonging to it, wherever located and by whomsoever held, shall be inviolable. The termination or absence of such inviolability shall not affect protective measures that the ICC may order pursuant to the statute and the rules of procedure and evidence with regard to documents and materials made to use or be used by the ICC,’ said the Government Gazette notice. ‘Members of the ICC mission who enjoy the privileges, immunities and facilities referred to (in section two of the Act) shall be provided by the ICC with a document certifying that they are performing functions for the ICC and specifying a time period for which their functions will last.’

Full Business Day report