Government prepares to quit the ICC and introduce an alternative system

03 November 2019 - 17:12The government has started plans to withdraw from the Rome Statute of the International Criminal Court , putting in place an alternative system for the prosecution of international crimes.

The details of the new system are contained in the International Crimes Bill, which is before parliament’s justice and correctional services committee. Members of the committee will be briefed about the new system on Wednesday. It criminalises international crimes under domestic law and gives extraterritorial jurisdiction to SA courts to adjudicate them. It also provides for the extradition or surrender of those accused of international crimes to foreign states or entities respectively and regulates the immunity of heads of state and diplomats from prosecution for such crimes as is provided for in customary international law.

The bill provides for life imprisonment for those found guilty of an offence of genocide, a crime against humanity or a war crime. SA’s resolve to withdraw from the Rome Statute was confirmed by the saga surrounding its failure to arrest then Sudanese president Omar al-Bashir despite a warrant for his arrest having been issued by the ICC for alleged crimes against humanity.

Source: Law Daily Report (lawdailyreport.net)

Bitter-sweet decision, but it was always a stones throw given how the first world countries have used it to their whims🤷🏽‍♂️

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