yping “South Africa” and “ICC” into a Google search results in the following two questions: Is South Africa still part of the ICC? and Has South Africa withdrawn from the ICC?
What is the meaning of article 98 and can it actually assist South Africa in situations such as the upcoming visit by Russia’s President Vladimir Putin? And can South Africa translate the interest of states in the Ukraine matter into a more sustainable dedication to fighting impunity for international crimes?
“The court may not proceed with a request for surrender or assistance which would require the requested state to act inconsistently with its obligations under international law with respect to the state or diplomatic immunity of a person […] of a third state, unless the court can first obtain the cooperation of that third state for the waiver of the immunity.”
But that would not automatically mean that the ICC has reached the end of the road. The court could seek a waiver from states like Russia, even though there is only a minimal likelihood of states granting such a waiver. But before the government starts to amend the ICC Act, it should be conscious of what is possible under its domestic regulation and where the limitations in terms of the Rome Statute are.