South Africa formally revokes instrument of withdrawal from ICC

Kayode Ogundele
Kayode Ogundele
Jacob-Zuma

South Africa has formally revoked its withdrawal from the International Criminal Court (ICC) after its High Court blocked the government’s bid to pull out of the Hague-based war crimes tribunal.

South Africa notified UN Secretary-General Antonio Guterres that because of the court decision, “the Instrument of Withdrawal was found to be unconstitutional and invalid,” according to a document posted on the UN treaties website.

According to a UN document, South Africa said in order to adhere to February’s court judgment, which ruled its parliament needed to approve the country’s withdrawal from the ICC, the planned pull-out would be revoked “with immediate effect.”

Pretoria had initially notified the UN of its intent to withdraw in October, starting a year-long divorce period that would have made South Africa the first country to quit the court in October this year.

South African Justice Minister Michael Masutha said in February that the court ruling amounted to a delay that would not stop the government’s bid to leave the ICC.

Pretoria announced its intention to leave in 2015 after the ICC criticised it for disregarding an order to arrest Sudanese President Omar Hassan al-Bashir, accused of genocide and war crimes.

Bashir has denied the accusations.

The ICC, which was inaugurated in July 2002 and has 124 member states, is the first legal body with permanent international jurisdiction to prosecute genocide, crimes against humanity and war crimes.

South Africa, Gambia and Burundi in 2016 signaled their intention to quit the ICC.

Gambia’s President Adama Barrow, elected in December, said earlier in March that the his country would remain in the ICC.

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