‘South Africa is racing to the bottom’

 ·24 Oct 2016

John Stremlau, a professor of international relations at Wits says that South Africa seems to be ‘racing to the bottom’ following its decision to withdraw from the Rome Statute of the International Criminal Court (ICC).

The Ministry of Justice and Correctional services cited dispute over a visit by Sudanese president Omar al-Bashir to the country last year. Bashir was attending an African Union summit in Johannesburg, when the government refused a request by the ICC to arrest him.

The Sudanese president is wanted for alleged war crimes, crimes against humanity and genocide.

In an interview with Talk 702, Stremlau, a former US diplomat, said: “Seems South Africa is racing to the bottom now and wants to be identified with the moral regressive forces of the continent.

“There was a time not long ago when it was with progressive and democratic forces on the continent.”

The ICC on Saturday asked South Africa to reconsider its decision, having joined Burundi which also quit the body earlier last week.

“Although withdrawing from a treaty is a sovereign act, I regret these decisions and invite South Africa and Burundi to reconsider their positions,” said Sidiki Kaba, president of the assembly of state parties to the ICC founding treaty.

“I urge them to work together with other States in the fight against impunity, which often causes massive violations of human rights,” Kaba said in a statement.

The Democratic Alliance (DA) said it will file an urgent application for direct access to the Constitutional Court in order to challenge the decision.

DA leader Mmusi Maimane, said on Sunday: “The decision taken by the South African Government is at odds with the country’s commitment to international justice and human rights, it marks a dramatic decline in South Africa’s standing in the international community.”

He said that the actions of the ANC ‘are fast reducing South Africa’s standing in the global community to that of polecat again’.

“Our indefensible voting record at the United Nations, the intention to withdraw from the ICC, and President Zuma’s laughable intention to start a BRICS ratings agency — are all examples of how this government has reduced our influence and reputation globally,” Maimane said.

“The withdrawal from the ICC is the ultimate betrayal of our historical commitment to a human-rights based foreign policy. The truth is that under Jacob Zuma, South Africa’s foreign policy is increasingly defined by expediency and rogue behaviour.”

The DA said that the notice of withdrawal is in breach of section 231(2) of the Constitution, as it was delivered without first securing a resolution of Parliament authorising South Africa’s withdrawal from the Rome Statute.

“South Africa’s withdrawal from the ICC sends the message that as a country, with global standing, we do not believe in holding those who commit the most horrendous of acts, such as genocide and war crimes, to account. We are now siding with murderers and dictators from across the globe,” Maimane said.

Netsanet Belay, Amnesty International’s Research and Advocacy Director for Africa, said that the move was ‘deeply disappointing’.

“In making this move, the country is betraying millions of victims of the gravest human rights violations and undermining the international justice system,” Belay said.

According to South Africa’s document, its withdrawal will take effect one year after UN Secretary-General Ban Ki-moon is officially notified.

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