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PGA’s vision is to contribute to the creation of a Rules-Based International Order for a more equitable, safe, sustainable and democratic world.

South Africa and the Rome Statute

Rome Statute

South Africa signed the Rome Statute on 17 July 1998 and deposited its instrument of ratification of the Rome Statute on 27 November 2000.

Status on the domestic implementation of the Rome Statute

The Parliament of South Africa adopted a law, the Rome Statute Implementation Act No. 27 of 2002 which came into effect on 16 August 2002. The Act includes provisions on complementarity and cooperation. The Act incorporates the definitions of the Rome Statute definitions of crimes against humanity, war crimes, and genocide and excludes any type of immunity. As an analysis by ISS Africa states, this Act also allows for the amendment of domestic laws, such as the Criminal Procedure Act, No 51 of 1977, and the Military Discipline Supplementary Measures Act No. 16 of 1999, in order to have these acts conform to the definitions of crimes in the Rome Statute.

The Act also mentions cooperation measures such as arrest and surrender of persons in addition to the prosecution of offences against the administration of justice in accordance with the terms of the Rome Statute.

Kampala Amendments

South Africa has not yet ratified the Amendments to the Rome Statute adopted by the 2010 Review Conference (Kampala Amendments) on the crime of aggression and on the use of certain weapons in armed conflict not of an international character. South Africa however made concrete commitments to ratify the amendments on the crime of aggression: At a side event to the High-Level Meeting on the Rule of Law on “Preventing the illegal use of force through judicial accountability”, organized by Liechtenstein on 24 September 2012 in New York, the Minister of Justice of South Africa, Mr. Jeffrey Thamsanqa Radebe, announced that South Africa will ratify the amendments before 2017.

Agreement on Privileges and Immunities of the Court (APIC)

South Africa has not signed the APIC.
 

Additional Agreements

South Africa publicly rejected the Bilateral Non Surrender Agreement (BNSA) proposed by the USA.
 

Additional Relevant Information

The last Universal Periodic Review for South Africa is to be conducted in 10 May 2017. 

As a member of the African, Caribbean and Pacific community (ACP), and as signatory of the revised Cotonou Agreement with of the ACP and European Union, South Africa has recognized the importance of the ICC as a mechanism for peace and international justice, and has committed to promote the ratification and implementation of the Rome Statute, to seek to take steps towards the ratification and the implementation of the Rome Some Statute, and to fight against international crime giving due regard to the Rome Statute.

PGA`s involvement in South Africa

Between 1997 and 1999, PGA worked with one the most prominent actors of the anti-apartheid movement, the late Hon. Mr. Dullah Omar, who had assumed the pivotal role of Minister of Justice and Constitutional Affairs in the Mandela Administration. He was the greatest supporter of the fight against impunity in South Africa when he held his position from 1994 to 1999, during the formative years of the Rome Statute system [click here and see page 9]. In 1999, PGA actively contributed to the SADC Meeting of Governmental Experts on the Ratification and Implementation of the ICC Statute, hosted by the Ministry of Justice in Pretoria by drafting SADC KIT on the ratification and implementation of the Rome Statute.

In 2000-2003, PGA received the leadership contribution of the late Hon. Ms. Cheryl Gillwald, MP, Deputy Minister of Correctional Services, Justice and Constitutional Development and Member of PGA, who addressed the II Consultative Assembly of Parliamentarians for the ICC & the Rule of Law, organised by PGA at the UN in New York in parallel to the first session of the ICC Assembly of States Parties (September 2003): Ms. Gillwald presented the Rome of Statute of the International Criminal Court Act 27 of 2002 (the Rome Statute Implementation Act) and her firm commitment to the fight against impunity was a source of inspiration for hundreds of Parliamentarians who decided to take action in their own Legislatures.

Following the failure to arrest President Al Bashir during his visit to South Africa to attend the 25th Assembly of the African Union (AU) - held 14-15 June 2015, PGA submitted to its members in the South African People’s Assembly Memo on background information for the parliamentary hearing, scheduled on 23 June 2015, with respect to the obligations on arrest and surrender of Omar Al Bashir. The parliamentary debate that followed on 24 June 2015 is well captured in this article. During the debates, Hon. James Selfe made a contribution recalling the obligation of South Africa to arrest Mr. Al Bashir.

Process of Withdrawal from the Rome Statute

In June 2015, President of Sudan Al -Bashir, who is subject to two ICC arrest warrants for several counts of genocide, crimes against humanity and war crimes, arrived in South Africa to attend the 25th Assembly of the African Union (AU) - Summit of Heads of State and Government- which was held 14-15 June 2015.

On 15 March 2016, the Supreme Court of South Africa ruled that the refusal of the State to retain Mr. Al-Bashir in the country despite an arrest warrant issued by the ICC against him was incompatible with the legal obligations of South Africa. The Court stated that South Africa had the obligation to execute the arrest warrants issued by the ICC as a signatory of the Rome Statute.

On 19 October 2016, the Government of South Africa to the United Nations Secretary General of its intention to withdraw from the Rome Statute of the ICC.

In reaction to this decision, PGA Members Called on South African MPs to stand against Impunity on 21 October and a letter calling for action to all South African MPs was sent

PGA South African Members played a leading role in a petition deposited by the official opposition before the Constitutional Court on the illegality of the withdrawal process under the South African`s  law. On 17 February 2017, the Gauteng High Court, Pretoria, ruled that the notice of withdrawal from the Rome Statute of the ICC, without prior parliamentary approval, is unconstitutional and invalid and ordered President Jacob Zuma to revoke the October 2016 ICC withdrawal notice to the United Nations.

As a consequence, on 7 March 2017 the Government of South Africa filed a notice with the Depository of the Rome Statute, the UN Secretary General, through which it gives effect to the Gauteng High Court’s decision and withdraws from its withdrawal. This means that, as of 8 March 2017, the Republic of South Africa is not anymore among the group of States that started the withdrawal process from the Rome Statute.
 

Status of the Rome Statute System as of February 2024:

 
States that have ratified the Rome Statute [124]
 
States that have signed the Rome Statute but have not ratified it yet [30]
 
States that have withdrawn from the Rome Statute [2]
 
States that have neither signed nor ratified the Rome Statute
 

124 countries are States Parties to the Rome Statute of the International Criminal Court. Of these, 33 are African States, 19 are Asia-Pacific States, 19 are from Eastern Europe, 28 are from Latin American and Caribbean States, and 25 are from Western European and other States.

Work of PGA in this Country:

PGA Conducted A Field Mission To Advocate For Reversing The Withdrawal Of South Africa From The Rome Statute System

On 10-13 March 2020, PGA conducted a field mission to South Africa to consult with MPs and Government Officials on the ICC.

A delegation of PGA participated in the 16th Assembly of State Parties to the Rome Statute of the International Criminal Court.

A delegation of PGA including the lawmakers Ms. Macarena Gelman (Uruguay), Ms. Olena Sotnyk, MP (Ukraine), Mr. Keong Siong Su, MP (Malaysia) participated in the 16th Assembly of States Parties to the Rome Statute of the International Criminal Court.

PGA President Dip. Margarita Stolbizer (Argentina), at the 9th Session of PGA CAP-ICC in Dakar, December 2016.

PGA submits International Law arguments before the South African Parliament’s Justice Committee on the proposal of the Government to repeal the ICC Implementation Act of 2002

Parliamentarians from Francophone African Countries have sent a strong message confirming their commitment to the Rule of Law and Justice by adopting the Action Plan Lomé 2016

The meeting aimed at promoting the universality and full implementation of the Rome Statute and the fight against impunity in Francophone African countries, especially against the backdrop of criticism the International Criminal Court has been facing...

Mr. Michiel Servaes, MP (The Netherlands) in a Member of Parliamentarians for Global Action (PGA)

Parliamentary questions about the withdrawal of African countries from the International Criminal Court

PGA Members from across the African continent and the rest of the world have chosen to stand up for justice and are asking their South-African peers to make sure that the withdrawal does not go through.

News broke today that the Government of South Africa has notified the United Nations Secretary General of its intention to withdraw from the Rome Statute of the International Criminal Court (ICC).

PGA Member, Hon. James Selfe, MP (South Africa)

Hon. James Selfe recently joined PGA amidst the unfolding events around the neglect of the ICC arrest warrants, as well as the national Gauteng High Court orders, for the arrest of Omar Al-Bashir. During the debates in the South African people’s assembly

Publication

Parliamentary Kit on the International Criminal Court
Parliamentary Kit on the International Criminal Court

Parliamentary Kit on the International Criminal Court

It is imperative that the Rome Statute be ratified universally for the successful functioning of the Court. Parliamentarians should ensure that the ICC is truly universal.

Description

Created by the Rome Statute, the International Criminal Court (ICC) is the first permanent and independent international court capable of investigating and bringing to justice individuals who commit the most serious violations of international criminal law, international humanitarian law, and human rights.

The Rome Statute defines the crimes under the Court’s jurisdiction and provides the general principles and procedures for the operation of the Court. It also outlines the cooperation obligations of its State Parties. It is imperative that the Rome Statute be ratified universally for the successful functioning of the Court. Parliamentarians should ensure that the ICC is truly universal.

PDF(s)

Additional Details

  • Publication Type: Toolkit
  • Author(s): Parliamentarians for Global Action

Publication

Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)
Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)

Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)

Description

The ICC is the first and only permanent independent court with the mandate to investigate and prosecute individuals responsible for committing international crimes, namely genocide, crimes against humanity, war crimes, and the crime of aggression. Its 18 judges from around the world, elected for a nine-year term, play a key role in ensuring this expectation is lived up to through their primary mandate to render authoritative and high-quality jurisprudence and guarantee fair trials.

Therefore, the quality of the judges has fundamental importance to the performance, efficiency, and effectiveness of the ICC, which is at the heart of the long-term success of the ICC and the Rome Statute system as a whole. In this handbook, PGA sets forth specific criteria and recommendations for Parliamentarians to encourage their governments to improve national nomination procedures for ICC judicial candidates and adopt good practices and requirements to ensure these processes are fair, transparent, and merit-based. The goal of robust nomination procedures is to ensure that only candidate judges or jurists of the highest caliber make it on the ballot.

PDF(s)

Additional Details

  • Publication Type: Handbook
  • Author(s): Parliamentarians for Global Action

Publication

Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court
Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court

Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court

Description

It is our honor and privilege to present to you the Third Edition of the Handbook on the Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the ICC.

It is the product of our collaborative effort aimed at assisting States in ratifying the amendments adopted by consensus in Kampala and helping criminalize the most serious forms of the illegal use of force.

PDF(s)

Additional Details

  • Publication Type: Handbook
  • Author(s): Permanent Mission of the Principality of Liechtenstein to the United Nations; Global Institute for the Prevention of Aggression; Liechtenstein Institute on Self-Determination at Princeton University (LISD); (Drafting Assistance by PGA)