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South Africa plans law change over Putin ICC arrest warrant

Wed, 31 May 2023 Source: Island Reporters

A deputy minister told the BBC that South Africa intends to alter its laws so that it can determine whether or not to arrest a leader wanted by the International Criminal Court (ICC).

Obed Bapela's comments come amid intense speculation as to whether South Africa will honor its August invitation to Russian President Putin.

Regarding the conflict in Ukraine, the ICC has issued an arrest warrant for Vladimir Putin.

South Africa had previously invited him to attend a Brics summit.

Russia has not indicated whether President Putin will attend the summit.

In the meantime, Pretoria has also granted diplomatic immunity to Russian officials attending, as described by its department of foreign affairs as standard procedure.

Brics aims to strengthen connections among its member nations - Brazil, Russia, India, China, and South Africa.

Obed Bapela, a deputy minister in the South African presidency, told the BBC World Service's Newshour that the law will be submitted to parliament in June.

Mr. Bapela explained that under the new law, South Africa will be exempt from arresting specific individuals.

As a member of the ICC, South Africa is obligated by its current laws to apprehend Mr. Putin if he appears on its territory.

South Africa, however, has refused to condemn Russia's invasion of Ukraine, insisting that it wishes to maintain its neutrality.

The International Criminal Court issued a warrant for Mr. Putin's arrest in March, accusing him of war crimes; however, Moscow has denied these allegations.

The Democratic Alliance (DA), the largest opposition party in South Africa, has filed a court petition to compel the authorities to arrest Vladimir Putin should he reach in August.

Mr. Bapela stated that South Africa was also requesting a waiver from the ICC.

This refers to article 98 of the 2002 treaty that established the court, the Statute of Rome.

While article 27 states that no one is immune from prosecution by the International Criminal Court, article 98 appears to indicate that the ICC could not order South Africa to apprehend the Russian leader unless Russia waived Mr. Putin's immunity from prosecution.

The deputy minister also criticized the ICC for its "double standards," stating that Nelson Mandela, the first democratically elected president of South Africa, would have been disappointed by the war crimes court.

"We never imagined that the International Criminal Court would be what it is today. "They never indicted Tony Blair or George W. Bush for their murders of Iraqis," he said, referring to the former British and American leaders and their 2003 invasion of Iraq.

Mandela would have viewed the ICC's inequality and inconsistency as problematic.

Mr. Bapela also cited historical examples of exceptions to international law, such as the United Kingdom's 1998 decision not to extradite General Augusto Pinochet.

The former Chilean dictator was detained in London at the request of a Spanish magistrate who wanted to place him on trial for human rights atrocities committed during his 17-year reign, but the UK government released him after 16 months on the advice of medical experts who deemed him unsuitable to stand prosecution. He passed away at home in 2006.

Source: Island Reporters