T7 South Africa and the ICC

Question 1

What is the ICC?

Answer 1

An independent international tribunal that operates under the Rome Statute was established to prosecute individuals for serious crimes of international concern, including genocide, war crimes, crimes against humanity, and the crime of aggression.

Question 2

What is the obligation of a signatory to the Rome Statute?

Answer 2

Cooperate with the Court including arresting and extraditing individuals wanted by the ICC.

Question 3

What is the subject of contention between the ICC and SA.

Answer 3

Its ICC obligations and its recognition of the principle of diplomatic immunity.

Question 3

What is the process of withdrawal from the ICC?

Answer 3

1. Notification of withdrawal under Article 127 of RS to UNSG in writing
2. WIthdrawal becomes effective one year after notification is received, unless state party explicitly states a different timeframe.
3. During this year, state remains bound by its obligation under the RS.
4. Ongoing obligations irt to any ongoing investigations/prosecutions
5. Implementation in domestic law
6. Completion of withdrawal after one year/specified period, but does not affect obligations incurred while a member

Question 4

What are the consequences of withdrawal?

Answer 4

1. ICC loses jurisdiction over crimes committed AFTER the date of withdrawal
2. Impact on international standing
3. Relationships with other State Parties
4. Broader implications for the ICC
5. Implications for victims and accountability