Government to ponder ICC judgment

2017-02-22 16:52
Assembly of States Parties (ICC) meeting in The Hague city in the Netherlands. (Jenna Etheridge, News24, file)

Assembly of States Parties (ICC) meeting in The Hague city in the Netherlands. (Jenna Etheridge, News24, file)

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Pretoria - Government will reflect on Wednesday’s court order that it has to revoke its notice of withdrawal from the ICC, before deciding if it should appeal, the justice ministry said.

"Government has noted the judgment delivered by the Pretoria High Court today on the notice to withdraw from the Rome Statute of the International Criminal Court (ICC)," Ministry of Justice and Correctional Services spokesperson Mthunzi Mhaga said.

A full bench, led by Deputy Judge President Phineas Mojapelo, found that government’s notice of withdrawal from the ICC’s Rome Statute without parliamentary approval was unconstitutional and invalid. It ordered government to revoke its notice.

READ: ICC withdrawal process could be 'embarrassing' for SA - High Court

The DA brought the application.

On October 21 2016, Justice Minister Michael Masutha told reporters that SA had initiated the process of withdrawing from the ICC by notifying the UN of its intention to revoke its ratification of the Rome Statute, the ICC's founding treaty.

It would take a year for the decision to come into effect.

The decision followed several court judgments that the government violated the law by not arresting Sudanese President Omar al-Bashir during his visit to SA for an AU summit in June 2015.

The ICC had issued warrants for his arrest and wanted him to stand trial on charges of war crimes, crimes against humanity, and genocide.


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