South African court rules against ICC withdrawal

By Hassan Isilow

JOHANNESBURG (AA) – The High Court in South Africa ruled Wednesday that the government’s decision to withdraw from the International Criminal Court (ICC) was invalid.

In a ruling broadcast on television, Deputy Judge President Phineas Mojapelo said the decision was unconstitutional because it had not been approved by parliament.

South Africa’s justice minister Michael Masutha announced last October that the government had begun the formal process of withdrawing from the The Hague-based court.

He said the 1998 Rome Statute that formed the ICC was in conflict with South Africa’s Diplomatic Immunities and Privileges Act which protects diplomats and other visiting officials from being arrested.

In 2015, Sudanese president Omar al-Bashir visited South Africa despite being wanted by the ICC for war crimes.
A court in the capital Pretoria ruled at the time that al-Bashir should not be allowed to leave the country but the government ignored the order.

The government has yet to react to Wednesday’s ruling.

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