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https://theconversation.com/icc-arrest-warrant-for-vladimir-putin-a-king-size-dilemma-for-south-africa-202528>
"The International Criminal Court (ICC) has issued an international arrest
warrant for Russian president Vladimir Putin for alleged war crimes regarding
the unlawful deportation of children from Ukraine to Russia. Such acts are war
crimes under two articles of the Rome Statute, which established the court.
ICC arrest warrants against sitting heads of state are rare.
Putin faces arrest if he sets foot in any of the 123 signatory states to the
statute. Of these, 33 are African states. The issue could come to a head in
August when South Africa is set to host the 15th summit of the Brazil, Russia,
India, China and South Africa (BRICS) bloc in Durban.
As the head of a member state Putin has been invited to attend. But as a member
of the court, South Africa is obliged under Article 86 of the ICC statute and
domestic law to cooperate fully by arresting the Russian president.
This is not the first time the country has faced such a dilemma.
In 2015 Sudanese president Omar Al Bashir visited the country to attend a
summit of African Union heads of state. In terms of South Africa’s ICC
obligations, it was obliged to arrest Al Bashir, who had been indicted for
violations of international humanitarian law and human rights law in Sudan’s
Darfur region. The government, then under the presidency of Jacob Zuma, refused
to arrest him, citing immunity from prosecution for sitting heads of state
under international law.
The arrest warrant for Putin has put President Cyril Ramaphosa’s government
between a rock and a hard place. Complying with its domestic and international
obligations by executing the arrest warrant would alienate Russia. This would
have bilateral consequences – the country is still considered a friend by the
ruling African National Congress based on the Soviet Union’s support during the
struggle against apartheid – as well as ramifications within the BRICS, given
Moscow’s strong ties with Beijing.
It is not unreasonable to argue that Ramaphosa’s government would want to tread
carefully to avoid any such tensions."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
