Cape Town - Justice and Correctional Services Minister Ronald Lamola said the government was looking at all options to amend the implementation of the Rome Statute of the International Criminal Court (ICC) in the country.
This comes after the Presidency made an about-turn following President Cyril Ramaphosa’s announcement last week that the ANC took a resolution to withdraw from the ICC.
South Africa is caught in a difficult position as Russian President Vladimir Putin, against whom the ICC issued a warrant for his arrest, was due to visit the country as part of the BRICS summit later this year.
Addressing the justice and correctional services portfolio committee on Tuesday, Lamola said South Africa was party to the Rome Statute of the ICC when it was ratified in 2000. He said the central feature of the Rome Statute was that state parties were encouraged to investigate and prosecute ICC crimes domestically.
"South Africa also domesticated the Rome Statute through the adoption of the implementation of the Rome Statute of the International Criminal Court Act 2002, thus affirming South Africa's commitment to an international justice system.
“Being a party to the Rome Statute means that the government has an obligation to cooperate fully with the ICC by surrendering suspects against whom warrants of arrest have been issued, providing legal assistance in investigations and obtaining evidence," the minister said.
Lamola also said South Africa remained committed to fighting impunity for gross violations of human rights and crimes against humanity.
He took issue that investigations of atrocities in Palestine by the Israeli government had not been completed.
This, while member states found resources to investigate and refer the Russia-Ukraine matter, saying it was “clear double standards in application of law and this does not help with fairness and rule of law”.
“We are looking at all options in this regard including to look into the Bill that may amend the implementation of the Act to bring it in line with International Customary Law such as that practised in Great Britain and Holland, where the Executive has the power to exit or suspend the implementation of the statute where it is not in the national interest to continue with its implementation,” he said.
The DA and ACDP took issue with Lamola’s comparison between Russia and Israel.
Lamola stood his ground, saying the issue of Palestine and Ukraine were not the only examples, as there were other matters that were still not finalised by the ICC.
“The point we are raising is that the ICC must not have eyes when it comes to the law.
"It must be equal, it must be fair, everyone must be treated with the same measure, so if, with the Palestine issue, it was opened before, the ICC should by now have referred those atrocities and crimes against humanity that are happening in that area of Palestine committed by the Israeli authorities,” he said.
Asked whether the amendments would be done in time ahead of Putin’s visit, Lamola’s spokesperson Chrispin Phiri said: “The legislative drafting team is still scoping the work and detail required; we are not yet in a position to forecast deadlines and time frames.”
Cape Times