In a statement released on Tuesday, the Presidency of the Republic of South Africa clarified that the country remains a signatory to the Rome Statute and will continue to participate in the International Criminal Court (ICC). This announcement follows an error made by the President during a recent media session.
South Africa’s participation in the ICC was reaffirmed at the 55th National Conference of the African National Congress (ANC) held in December 2022. The decision was further confirmed at a meeting of the National Executive Committee (NEC) of the ANC last weekend.
While South Africa remains committed to the ICC, the country is also considering legislative amendments to domesticate the Rome Statute and incorporate all its articles. This includes provision of Article 98 of the statute, which requires a waiver of immunities for persons charged by the ICC from third party countries where there is no referral by the United Nations Security Council.
The Presidency has recommended the manner in which the UK domesticated the Rome Statute as a guideline case study.
South Africa believes in the importance of strengthening institutions of global governance and will work towards invigorating the Malabo protocol, which would establish a continental criminal court that would complement the ICC as a court of last resort.
Vincent Magwenya, Spokesperson to the President, urged the media to direct any inquiries to him.
