South Africa faces a dilemma as ICC issues arrest warrant for Putin

International Criminal Court issues arrest warrant for Russian President Putin

The International Criminal Court (ICC) has issued an arrest warrant for Russian President Vladimir Putin over allegations of war crimes related to the unlawful deportation of children from Ukraine to Russia. It is a rare move to issue an ICC arrest warrant against a sitting head of state, and Putin now faces arrest if he visits any of the 123 signatory states. The ICC’s decision is a bold assertion of international justice in history.

ICC prosecutor, Karim Khan led an investigation in Ukraine and made the groundbreaking Putin indictment – the first-ever against a sitting leader of a permanent member of the UN Security Council. Putin is indicted for orchestrating a state policy of taking Ukrainian children and is responsible for their transfers. The charges have been dismissed by Russia, which argues that the court has no jurisdiction over nationals of non-member states.

The United States has a history of voting against the ICC Rome Statute, and Congress passed the “Hague Invasion Act” during George W. Bush’s presidency. Although Biden’s administration has lifted sanctions on ICC’s previous prosecutor, it maintains objections to ICC’s efforts to assert jurisdiction over personnel of non-States Parties such as the United States and Israel.

International justice is a long game, and no one expects to see Putin in handcuffs unless there is a radical change in regime in Russia.

South Africa faces a dilemma

South Africa now faces a dilemma as it hosts the BRICS bloc summit while being an ICC member obliged to cooperate fully by arresting Putin under Article 86 of the ICC statute and domestic law. South Africa faced a similar situation in 2015 when Sudanese President Omar Al Bashir visited South Africa, and the government refused to arrest him citing immunity from prosecution for heads of state under international law.

South Africa’s current President, Cyril Ramaphosa, must balance the country’s ICC obligations, domestic responsibilities, and historically friendly relations with Russia carefully. He faces a dilemma of alienating Russia if he executes the arrest warrant or losing international credibility if he welcomes Putin to the BRICS bloc summit.

South Africa’s trade with the US far exceeds that with Russia, and the country might lose preferential trade terms if it flouts its ICC obligations and its own constitution. Therefore, South Africa should balance its ICC obligations, domestic responsibilities, and historical friendship with Russia carefully. It should extend an invitation to Russia to attend the summit virtually or through its foreign minister, Sergei Lavrov.

The South African government must not trample on its own laws and court decisions. Compliance with the constitution must be a priority.

Concerns over Russia’s threats

Following the ICC’s issuance of an arrest warrant for President Vladimir Putin, Russia has reportedly threatened to hit the Hague-based court with hypersonic missiles. The ICC expressed concern over these threats. Additionally, Russia’s top investigative body opened a criminal case against ICC Prosecutor Karim Khan and the judges who issued the warrant for Putin.

The Assembly of States Parties of the ICC regrets these attempts to hinder international efforts to ensure accountability for acts that are prohibited under general international law. The ICC embodies our collective commitment to fight impunity for the gravest international crimes.

While neither Russia nor Ukraine is a member of the ICC, Kyiv has granted the court jurisdiction to prosecute crimes committed on its territory. Moscow dismissed the orders as “null and void,” and Russia’s top Investigative Committee said there were no grounds for criminal liability on Putin’s part.

Ukraine and Western allies welcomed the court’s move, while both US President Biden and Secretary of State Antony Blinken urged all members of the ICC to comply with the arrest warrant.

The ICC prosecutor Karim Khan has shown willingness to break barriers and apply international law even when that country is not an ICC member. However, the ICC’s legitimacy risks being eroded by a selective approach to justice and earmarked contributions by powerful states.

Conclusion

In conclusion, the arrest warrant issued by the International Criminal Court against Russian President Vladimir Putin has put South Africa in a dilemma. Compliance with the ICC statute and domestic law may result in South Africa losing its historically friendly relations with Russia, while ignoring them will cause the nation to lose its international credibility. Russia’s threats to the court have created a new layer of complexity. Nevertheless, compliance with the constitution must be a priority.

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