SA calls for ICC reform amid Putin arrest conundrum

As SA is yet to decide on whether to arrest Russia’s President Vladimir Putin should he arrive in the country for the Brics summit, the government has questioned the credibility of the International Criminal Court (ICC) and what it deems to be the court’s double standards. 

SA is a signatory to the ICC’s founding document the Rome Statute and would be obliged to obey the arrest warrant hanging over Putin’s head for alleged war crimes in Ukraine. But justice minister Ronald Lamola on Monday complained of the court’s perceived unfair treatment of certain countries.

“The credibility of the court continues to be called into question, on account of a perception of the court focusing its resources on certain situations, while crimes committed in other situations do not receive commensurate attention,” Lamola said. 

“Additionally, the fact that some powerful states, notably permanent members of the Security Council, have not acceded to or ratified the Rome Statute 25 years after its adoption, remains a concern. Our ideal of a Rome Statute system that is universal and that ensures equality before the law remains unattained.”

Lamola was speaking at the UN headquarters in New York where the international body marked the 25th anniversary of the adoption of the Rome Statute that created the ICC. 

“Any perception of bias by the court will impede our endeavours to achieve peace, security and wellbeing of the world,” Lamola said, adding that the ICC has given a pass to Israel for crimes against Palestine “which has been on the agenda of the UN for more than seven decades”.

This is not the first time that SA has bemoaned the perceived bias of the court, established two decades ago to investigate crimes such as genocide and crimes against humanity. Earlier this year President Cyril Ramaphosa announced that the governing party had resolved to withdraw from the ICC, only for his statement to be retracted by his office shortly afterwards. 

Lamola’s remarks come amid SA’s negotiations with Russia to dissuade Putin from arriving in SA for the Brics (Brazil, Russia, India, China and SA) annual summit in August.

“As a signatory to the Rome Statute and with no immunity clause the only option is to arrest Putin,” a source close to the talks told Business Day. 

The possibility of Putin’s attendance at the Brics summit has become a political headache for SA, which has refused to condemn Russia in its conflict with Ukraine much to the annoyance of its Western trade partners. Pretoria has opted to remain neutral in the conflict. 

The remarks also come ahead of the ANC-hosted Brics’ political parties dialogue this week where Russia’s governing party, United Party of Russia, has been invited to attend. 

Party leaders from Brics member states as well as ANC fraternal parties on the continent are expected to discuss the increased calls by Brics member states for reform in global decision-making, the use of alternative currencies to the US dollar for international trade, expansion of Brics membership and working towards the integration of Brics financial and bond markets.

maekot@businesslive.co.za