Abandoning ICC 'a blow for rule of law'
In the absence of an alternative to holding African perpetrators of human rights violations and international crimes accountable for their actions‚ an exit by SA from the International Criminal Court will not bode well for the rule of law. According to a TimesLIVE report, this view is contained in a letter written by SA Human Rights Commission chair Lawrence Mushwana to International Relations and Co-operation Minister Maite Nkoana-Mashabane. In the letter‚ Mushwana raised concerns about some positions taken by the country and also requested a meeting to discuss these issues. One of the two issues he dealt with was SA’s seemingly waning commitment to the Rome Statute. He also expressed concern about the country’s abstention from voting on the resolution condemning discrimin ation and violence on the basis of sexual orientation and gender identity at the 32nd Session of the Human Rights Council.
In the letter, Mushwana notes that since the Omar al-Bashir incident, when the President of Sudan was allowed to leave the country in defiance of the courts, 'the government has indicated it is seriously reviewing its participation in the Rome Statute.’ He warned: ‘In the absence of an alternative to holding African perpetrators of human rights violations and international crimes accountable for their actions‚ an exit from the ICC will not bode well for the rule of law‚ a principle SA has committed itself to.’ According to the TimesLIVE report, he said the attempt to ensure greater accountability by the establishment of the African Court of Justice and Human Rights did not go far enough.
While the 2014 Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights conferred criminal jurisdiction to the court‚ the protocol also granted immunity to heads of states and other senior officials. ‘The effect of this immunity is that those guilty of the most grossest violations of human rights and the perpetration of international crimes will not be held accountable for their actions‚ for as long as they remain in power. Combined with the tendency of some heads of states to want to remain in power for life‚ the extension of such immunity will undoubtedly result in some heads of states not being held accountable for their actions‚’ Mushwana said. A Beeld report notes the SAHRC wrote another letter to Nkoana-Mashabane on 30 June requesting the Minister to support the UN resolution on gender identity, but received no response. It adds, departmental spokesperson Clayson Monyela said Nkoana-Mashabane was attending the AU summit in Rwanda and would consider the latest letter on her return.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
