ATROCITY CRIMES
SA risks exchanging one flawed system for another if it leaves ICC
There are many challenges with the proposed African court, including immunity for sitting heads of state
Calls for an "African court for African people" are continuing after the ruling by the High Court in Pretoria in February that SA’s notice of withdrawal to the International Criminal Court (ICC) was unconstitutional and invalid. In compliance with the court order, SA revoked its notice of withdrawal to the ICC on March 8. To an international audience, this action might appear as though the government has changed its position on leaving the ICC. But domestically, it is simply — and correctly — understood to be the government’s attempt to rectify the originally invalid notice of withdrawal, which was taken by the executive without parliamentary approval. An unintended consequence, however, is that this presents an opportunity for civil society to engage with Parliament on the question of whether SA should leave the ICC. The idea of African justice for Africans raises questions: what does the international criminal justice landscape look like and what do African leaders have to offer t...
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