PRETORIA, April 26. /TASS/. South Africa remains in the International Criminal Court (ICC) but is considering a legislative amendment on immunity for persons charged by the ICC, the country’s presidential office said in a statement.
"South Africa remains a signatory to the Rome Statute and will continue to campaign for equal and consistent application of international law," the statement reads. "This clarification follows an error in a comment made during a media briefing held by the governing African National Congress (ANC) on South Africa’s status with regard to the ICC. Regrettably, the President erroneously affirmed a similar position during a media session," the presidential office pointed out.
South African President Cyril Ramophosa said on April 25 that the ruling African National Congress (ANC) party had decided to withdraw from the ICC because of the body’s bias on certain issues.
"South Africa remains a signatory to the ICC in line with a resolution of the 55th National Conference of the ANC - held in December 2022 - to rescind an earlier decision to withdraw from the ICC," the statement added. "The December resolution was reaffirmed at a meeting of the National Executive Committee (NEC) of the ANC during the weekend of 21 to 24 April 2023. The NEC had also reflected on the potential withdrawal from the ICC as an option that would arise as a measure of last resort in the absence of legal options that would result in fairness and consistency in the administration of international law," the presidential office noted. "South Africa will work to invigorate the Malabo protocol that would establish a continental criminal court that would complement the ICC as a court of last resort," the document said.
"Furthermore, South Africa is considering a legislative amendment that would domesticate the Rome Statute so that it reflects all the articles of the Rome Statute. This includes provision of article 98 of the statute that requires a waiver of immunities for persons charged by the ICC from third party countries," the office emphasized.
On March 24, Foreign Minister Naledi Pandor said that South Africa was considering the possibility of adopting a national law that would grant immunity from the ICC to incumbent heads of state visiting the country.