South Africa says it’s leaving ICC after Putin arrest warrant

South African President Cyril Ramaphosa says his country will be withdrawing from the International Criminal Court (ICC).

He announced this on Tuesday during a joint press conference with Finnish President Sauli Niinisto, who is currently on a state visit to South Africa.

– Key points to note

Mr Ramaphosa cited the ICC’s alleged unfair treatment of certain countries, particularly those in Africa, as the reason for the withdrawal. He expressed the ruling ANC’s desire to discuss the issue of unfair treatment, but stated that the governing party had decided to proceed with the pull-out in the meantime.

“Our view is that we would like this matter of unfair treatment to be properly discussed,” Mr Ramaphosa said. “But in the meantime, the governing party, the ANC, has taken the decision that it is prudent that South Africa should pull out of the ICC largely because of the manner in which the ICC has been seen to be dealing with these types of problems.”

But there was confusion as the African National Congress (ANC) later put out a statement saying South Africa’s effort to withdraw from the court should be halted.

– Why this matters

Mr Ramaphosa’s decision is seen as having to do with the ICC’s arrest warrant for Russian President Vladimir Putin in March. Mr Putin is expected in South Africa and the country will be obligated under Rome statutes to arrest him.

Mr Putin was indicted by the ICC in March for his role in the abduction of Ukrainian children.

South Africa’s relationship with Russia has come under scrutiny in recent months, with the country’s refusal to align itself with condemnation of Russia over its war in Ukraine. Mr Ramaphosa and his government have maintained normal ties with Russia and are inviting Mr Putin to a meeting of the BRICS group of nations in Johannesburg in August.

– Learn more

The proposed withdrawal of South Africa from the ICC highlights the tricky balancing act the country is trying to pull off. The African National Congress (ANC) is a staunch friend of Moscow and has refused to condemn the invasion of Ukraine. Mr Ramaphosa appears to feel that maintaining a good relationship with Russia, a fellow BRICS member, outweighs the potential consequences of leaving the ICC.

The decision to withdraw from the ICC could also create opportunities for trade deals with Russia, which could provide a boost to South Africa’s sluggish economy. With a general election approaching and the ANC facing potential challenges to retain power, Mr Ramaphosa may see the withdrawal as a means to build powerful non-Western alliances with other BRICS nations.

On Monday, Russia said it was still considering whether Putin would attend the multi-lateral meeting of the BRICS group of nations (Brazil, Russia, India, China, and South Africa), which is due to be held in South Africa in August.

– Not the first time

This is not the first time the South African government has considered withdrawing from the ICC. In 2016, the government announced its intentions to withdraw its membership after a dispute over whether to arrest the former Sudanese president, Omar al-Bashir, who visited for an African summit while under ICC indictment for genocide and crimes against humanity.

However, the country later backtracked following a South African court ruling that found the move unconstitutional.

South Africa is one of 139 countries that are party to the Rome Statute, a 1998 treaty that established the ICC. As a signatory, South Africa is obligated to cooperate with the court’s investigations.

The decision to withdraw will require the country to follow certain procedures outlined in the Rome Statute, including a one-year notice period before the withdrawal becomes effective.

The ICC has faced criticism for its perceived bias against African countries, with many African leaders brought before the court in The Hague, Netherlands.