South Africa mulls options on ICC arrest warrant

South Africa mulls options on ICC arrest warrant 

With Russian President Vladimir Putin likely to attend the BRICS summit, host country South Africa is considering legal options.

  • The International Criminal Court (ICC) has found Putin guilty of war crimes, and an arrest warrant has been issued against him.
  • South Africa is a member of the ICC. In such a situation, on the presence of the Russian President on his land, he would theoretically have to arrest him.
  • States parties to the Rome Statute have a legal obligation to cooperate with the ICC.

International Criminal Court (ICC)

  • Its headquarter is located in The Hague (Netherlands).
  • It is an international court to investigate and prosecute persons accused of serious international crimes such as genocide, crimes against humanity, war crimes and aggression.
  • It was established in 1998 by the Rome Statute of the International Criminal Court.
  • It can only prosecute crimes committed after July 1, 2002, as the Rome Statute came into force from that day.
  • ICC does not have its own police force. In such a situation, the cooperation of different countries becomes necessary for the arrest of the accused and their surrender. 123 countries are parties to the Rome Statute.
  • Countries that have not yet signed the treaty: India, China, Iraq, North Korea, Saudi Arabia, Turkey etc.
  • Countries that have signed the treaty but not ratified it: Egypt, Iran, Israel, Russia, United States, etc.

How are cases brought before the ICC?

  • State Parties may refer any case within their sovereign territory to the Court for prosecution.
  • The UN Security Council can refer a matter to the ICC. In such a situation, it becomes necessary for all the member countries of the United Nations to cooperate, whether they are parties to the Rome Statute or not.
  • The prosecutor may open an investigation into any case in that member state.

Source – The Economic Times

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