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). This initiative will likely make South Africa the first State Party to formally withdraw from the organization, and follows the vote of the Parliament of Burundi to also withdraw from the ICC.
During a press conference, the Minister of Justice Michael Masutha declared that a bill repealing the Implementation of the Rome Statute of the International Criminal Court Act of 2002 would be introduced to Parliament shortly.
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.
Statements from Members of Parliaments (MPs)
South Africa's decision, as well as Burundi's one, to withdraw from the Rome Statute of the International Criminal Court is an unprecedented setback for this great African country.
My own country, Mali, has gone through a very serious crisis and mass atrocities and it is my innermost conviction that we will only be able to recover by stamping out impunity for the alleged perpetrators of international crimes. In this regard, the International Criminal Court Statute’s membership plays an essential role by demonstrating the country's intent to reject impunity and by offering to victims another legal avenue. I therefore call my South-African brothers and sisters to stand up against this withdrawal and to defeat impunity. Hon. Idrissa Sankaré (Mali),
Chairman of the Network of Malian Parliamentarians for the Defence of Human Rights, PGA Member
South Africa’s decision to withdraw from the Rome Statute is not only tragic for the International Criminal Court but also demonstrates major misconceptions about what this institution does and stands for. As Congolese citizens, we are very much aware that the ICC is essential to fighting impunity but also to building stable and peaceful societies. The Democratic Republic of Congo is currently going through a political crisis that could very easily turn to disaster. Being a Party to the Rome Statute offers additional safeguards to the Congolese citizens that their human rights will be respected. Not only did the Court render justice to thousands of mass atrocities victims, but it also deters others from committing crimes. This is something we witnessed only a few days ago: the presence of a delegation of the Office of the Prosecutor in Kinshasa greatly contributed to the fact that no violence erupted on 19 October, the day the opposition had called for a strike.
As an elected representatives of the people in Ituri, where so many grave human rights and humanitarian law violations have occurred, I have witnessed throughout the years the suffering of the victims and of the affected communities, which would still be left hopeless had the ICC not intervened and guaranteed their rights and offered reparations. Our South-African colleagues should take follow the example of their Congolese peers and understand that the South-African people has nothing to gain from a Rome Statute withdrawal. Fighting against impunity is no longer a choice, it is our duty as parliamentarians. Hon. Dieudonné Upira Sunguma Kamgimbi (DRC),
Chairman of PGA’s National Group
I was extremely surprised when I learned that South Africa had decided to withdraw from the Rome Statute. This is the biggest African democracy and it pains me enormously to see it deny the fight against impunity and the right of African victims to get justice for the crimes committed against them. As a representative of the Central-African people, it is my duty to reiterate that the International Criminal Court is an essential tool to ensure that no atrocity committed on our continent or elsewhere remains unpunished. I can only urge my South-African colleagues to do everything in their power to block this appalling decision from their government. Hon. Béatrice Epaye (Central-African Republic),
Chairwoman of the Foreign Affairs Committee, Member of PGA
The people of the African continent have suffered through many conflicts and struggles and they deserve not only peace but also justice. As an elected Member of Parliament, I cannot stay idle while the biggest democracy of the continent chooses to support impunity. The ICC is the first permanent international criminal jurisdiction and its mere existence is a strong sign to all that crimes of international concern will no longer go unpunished. I am thus asking the Parliament of South-Africa to fully and rightly represent the South-African people and defend its right to justice by refusing to endorse the withdrawal from the ICC. Impunity can no longer be a valid option. Dep. Suzy Barbosa (Guinea-Bissau),
Vice-President of the PAIGV and Former Secretary of State for International Cooperation and Communities, PGA Member
Senegal has demonstrated its commitment to the fight against impunity and I am extremely disappointed to see another great African democracy make the opposite choice and withdraw from the Rome Statute of the International Criminal Court. Whereas five States, including Senegal, had opposed in July a resolution of the African Union on the roadmap to mass withdrawal of African States from the ICC , South Africa has chosen to go against the global growing movement that refuses impunity for authors of mass crimes. I urge my South-African colleagues to choose the law and refuse to adopt any bill of withdrawal and reiterate loud and clear the right of every South-African to get justice for war crimes, crimes against humanity and genocide committed against him. Hon. Mamadou Lamine Thiam (Senegal),
Member of PGA
I cannot condemn strongly enough the decision of the South-African government to withdraw from the Rome Statute of the International Criminal Court. The arguments raised by the government’s representatives do not echo the wishes of the people but only the concerns of a few powerful individuals afraid of prosecutions. Parliamentarians such as myself have the duty to defend the interests of our citizens and I am calling on my South-African peers to do so by refusing to stand for impunity. Dep. José Manuel Sanches Tavares (Cape Verde),
Chairperson, PGA Cape Verde National Group
It is with great consternation that I found out today that South Africa, a nation that had encouraged other Nations to join the Rome Statute System, has submitted its instrument for withdrawal to the United Nations. This undermines the actions of the international community to work towards providing justice to the victims of mass atrocities and thus threatens peace, for there can be no peace without justice. It is a great setback for the protection afforded by the ICC to humanity from war crimes, genocide, crimes against humanity including ethnic cleansing.
My country Malaysia is not yet a State Party to the Rome Statute but my parliamentarian-colleagues and I are actively working to ensure that our country becomes part of the Statute as a pledge to fight against impunity for the most serious international crimes that shock humankind. With all the horrors that are taking place in the world, the time is propitious to be united on a common front to defend the defenseless, bring justice to the victims of atrocious crimes and bring peace to the populations whose lives are marred by violence.
I strongly appeal to all fellow parliamentarians around the world to support the International Criminal Court by holding their governments accountable and by voicing the will of their people. Hon. Kula Segaran (Malaysia),
PGA Board Member
Although Pakistan is not a State Party to the Rome Statute of the ICC, it is to be said that the Court is the only international, permanent and independent Court with a mandate to prosecute individuals accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes, regardless of the accused official capacity. This sends a strong message that there shall be no impunity for perpetrators of the most heinous crimes of international concern.
The decision of South Africa to withdraw from the Court does not further the international community’s efforts to bring justice to every corners of the world. Hon. Naveed Qamar (Pakistan),
Member of PGA’s Executive Board
The International Criminal Court (ICC) was initiated by a country from our region, Trinidad & Tobago, and was largely supported by my country, Argentina, as well as most countries in Latin America and Africa. The ICC represents the commitment of all our States, with pasts marked by human rights violations that these events will never be repeated again, and if it would even occur, those responsible will be brought to justice. It is regrettable that a country that has been an example in the fight for the protection of human rights and equality before the law for everyone, today renounce to be part of the Rome Statute of the ICC. A Statute which contains one of its fundamental principles, equality before the law stipulated in its Article 27.
The ICC is the greatest symbol of the fight against impunity, which constitutes a guarantee for achieving better conditions for peace and the development of peoples.
I call on all parliamentary colleagues from South Africa to fight so that the government's intention to withdraw from this important international instrument does not crystallize and so that its citizens and territory remain protected against genocide, crimes against humanity and war crimes. Dip. Margarita Stolbizer (Argentina),
President of PGA
As a Brazilian Member of Parliament, defender of democracy and human rights, I cannot condemn strongly enough the decision of the South-African government to withdraw from the Rome Statute of the International Criminal Court.
The arguments raised by the government’s representatives have to be reconsidered and the protection of the people has to be taken as priority. Parliamentarians such as myself have the duty to defend the interests of our citizens and I am calling on my South-African peers to do so by refusing to stand for impunity. Dep. Jean Wyllys (Brazil),
Chairperson, PGA Brazil National Group
In Africa, as in Latin America, civilian populations have suffered serious violations of human rights. South Africa's decision to withdraw from the Rome Statute does not take into account the suffering of the victims. It is an irresponsible decision when there is so much injustice and conflict situations in the world.
Lawmakers have the role of representing their people, even against Heads of State and other officials who, because of their official capacity, may think that they can evade justice.
For a country that has fought for the establishment of the International Criminal Court, contributed to the movement of the international community towards accountability for genocide, crime against humanity and a war crime, I find it impossible to believe that this legacy will be altered by this unfortunate decision of the Executive of South Africa. Dip. Ronny Monge Salas (Costa Rica),
PGA Board Member
We deeply regret the government of South-Africa’s decision to withdraw from the International Criminal Court. It shows a lack of commitment of the government to international justice. Impunity thrives on this type of actions, and this is something we cannot tolerate. We strongly urge the South-African Parliament to – within the limits of the law - reject this unfortunate decision and allow international justice to prevail over the narrow interests of a minority. Dip. Jorge Luis Calix Espinal (Honduras),
PGA Member
This news is a tremendous step backwards for human rights and peace in the world, because the role played by the International Criminal Court is to prevent future tragedies like the ones we have already experienced, like the Holocaust or dictatorships that have claimed the lives of thousands of people. Genocide, crime of aggression, crimes against humanity and war crimes cannot go unpunished. Those who commit those crimes must be brought to justice, even when there is no justice in their own countries. In those cases is when the ICC becomes more relevant, as the only forum where victims can be heard even if the person who is being charged with international crimes is a Head of State. Dep. Tucapel Jimenez (Chile),
Chair of PGA’s National Group
I am shocked by this unfortunate development by which the Government of South Africa expressed its decision to choose impunity for the gravest crimes to the international concern. In this regard, I call upon all Members of Parliament in South Africa to reaffirm their commitment to the principles established by the Rome Statute with the aim of ending the impunity by voting against the withdrawal from the Rome Statute. Mrs. Margareta Cederfelt (Sweden),
Member of PGA’s Executive Committee
It is with deep concern that I have learned about the intention of South Africa to withdraw from the Rome Statute. Doing so would seriously undermine the principles of justice and accountability and would represent an enormous step backwards in the protection of human rights, and the fight against impunity in South Africa. I urge my colleagues in South Africa to stop the process of withdrawal by all available legal avenues and to demonstrate their strong commitment to the Rule of Law and human rights in line with objectives and principles of international criminal justice. Mrs Barbara Lochbihler, MEP (Germany),
Vice-Chair of the Human Rights Sub-Committee, Convenor of PGA’s International Law & Human Rights Program, Member of PGA’s Executive Committee
It was such a disappointment for me to hear that South Africa had decided to withdraw from the Rome Statute. Parliamentarians across the world should firmly say that impunity will not be tolerated. This is what we did in the Parliamentary Assembly of the Council of Europe, this is what many African parliamentarians declared regarding the vote of the Burundian Parliament, and this is what all the participants to the Consultative Assembly of Parliamentarians on the International Criminal Court and the Rule of Law will reiterate next December in Dakar. I hope that our South-African colleagues will ignore the criticisms coming from a handful of leaders that have reasons to fear being prosecuted by the Court and will choose to listen to the voice of the Rule of Law and of all the victims, whether they are African or not, who demand justice for the atrocities they have suffered. Sen. Alain Destexhe (Belgium),
Chairman of PGA’s International Council
The decision of the Government of South Africa to withdraw from the Rome Statute of the ICC casts a negative shadow on one of the most vibrant and strong democracies of the world, a leader in Africa for the Rule of Law and human rights.
The founding fathers of contemporary South Africa crafted a Constitution that protects all human rights for all, and provided the legal and philosophical bases for South Africa's leadership in the movement that created the International Criminal Court in Rome in 1998. PGA Members from all political parties concurred in the adoption of South Africa's ICC Act of 2002, one of the best laws in the world to implement the standards of the Rome Statute into a domestic jurisdiction.
Since the Rome Statute's entry into force in 2002, the Court and States Parties have been serving together the rights and best interests of African victims, as attested by the decision of more than 20,000 African victims to participate in the proceedings before the ICC.
Mass atrocity crimes cannot be left unpunished, and we must honour the right of victims to access truth, justice and reparations.
I am therefore calling upon all my fellow colleagues in the Parliament of South Africa to take the necessary measures to halt this withdrawal process, which shall not deprive the Rome Statute system from the participation of a leading-nation that supports human rights and democracy. Mr. Mark Pritchard, MP (UK),
Chairperson, PGA UK National Group
International justice has been dealt a hard blow by the announcement of the Government of South Africa to proceed with the withdrawal from the Rome Statute. I am deeply saddened that the members of the Government do not realize that the International Criminal Court is an essential tool in the fight against impunity across the world including in Africa. I urge the State officials of South Africa to reconsider this decision and stand for respect for human rights and the establishment of the accountability for the most serious crimes. Mrs. Petra Bayr, MP (Austria),
PGA Member, Treasurer of the PGA Executive Committee