23 February 2017

Al Jazeera: Court rules ICC withdrawal plan unconstitutional

A South African court has ruled the government's plan to withdraw from the International Criminal Court (ICC) was "unconstitutional and invalid", providing a boost to the embattled Hague-based institution.

The court has recently been fighting off allegations of pursuing a neo-colonial agenda in Africa, where most of its investigations have been based.

Three African states - South Africa, The Gambia and Burundi - last year signalled their intention to quit the ICC. The Gambia's President Adama Barrow, elected in December, said earlier this month it will remain in the ICC. [...]

"The cabinet decision to deliver the notice of withdrawal ... without prior parliamentary approval is unconstitutional and invalid," said judge Phineas Mojapelo in the North Gauteng High Court. [...]

The ICC, which launched in July 2002 and has 124 member states, is the first legal body with permanent international jurisdiction to prosecute genocide, crimes against humanity and war crimes.

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