Even presuming domestic procedures, there is still a process internationally. The ICC statute that SA signed indicates that a state can withdraw, but it takes effect only one year after the ICC receives notification.
Speaking about the Bashir incident, international criminal lawyer Angela Mudukuti, who worked at the ICC, says: “The failure to arrest Bashir in 2015 was deeply disappointing and set a dangerous precedent as the government at the time flagrantly disregarded a domestic court order, putting domestic rule of law in jeopardy. At the international level, SA was found non-compliant by ICC judges.”
Kemp says we should instead be looking at the alleged war criminal. “If Putin values SA as an equal Brics partner, he will appreciate SA’s international commitments and obligations.”
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