The inclusion in the national legislation of the Rome status, which underlies the activities of the International Criminal Court (ICC), is being studied by the government of South Africa. This is done in order to be able to extend the usual diplomatic immunity to visitors to the Republic of South Africa. This was reported by TASS, referring to the Minister of Justice and Corrections of South Africa, Ronald Lamol, in an interview with the local SABC radio station.
Lamola says the South African government is considering incorporating the Rome Statute, which is at the core of the ICC, into national law. This is to be able to extend the usual diplomatic immunity to foreign heads of state visiting South Africa from arrest warrants issued by the International Criminal Court.
“South Africa has signed the Rome Statute and is now obliged to comply with its decisions, including the detention of persons for whose arrest the ICC has issued a warrant. However, we are now working to be able to incorporate the Rome Statute into national law. At the same time, the experience of countries such as the United Kingdom and the Netherlands shows that when the Rome Statute is included in national legislation, the authorities clarify the effect on the national territory of the provision of Article 98 of the Rome Statute, which requires the waiver of immunity for persons accused by the ICC in third countries. As a result, acting heads of state are granted immunity from ICC warrants,” he said.
The politician claims that the South African authorities are considering this option, as well as other options that will avoid a situation where they will be forced to detain incumbent heads of state on the basis of an ICC warrant. He stated that the government is already actively working to resolve this issue.
“Relevant work is being done in the government. A final decision will be made in the near future, which we will immediately publish,” the minister said.
Lamola argues that this issue should be resolved before the start of the BRICS summit (Brazil, Russia, India, China, South Africa). It is known that the summit will be held in August on the territory of the South African Republic with the participation of the leaders of all member countries of the association.
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