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Justice Minister Says S. Africa Looks Into Domestication Of Rome Statute Amid Putin Saga

SOUTH AFRICA

South Africa's Justice Minister Ronald Lamola said that the government "is considering a legislative amendment that would domesticate the Rome Statute so that it reflects all the articles of the Rome Statute," including "the provision of Article 98 of the statute, which requires a waiver of immunities for persons charged by the ICC from third-party countries where there is no referral by the UN Security Council."

  • Both Lamola and DIRCO Director-General Zane Dangor signalled last month that South Africa was looking into the domestication of the treaty establishing the International Criminal Court. In this scenario, Russian President Putin could possibly travel to South Africa with diplomatic immunity, as the ICC arrest warrant issued against him was not supported by the UN Security Council.
  • Even if South Africa finds a legal loophole to allow for Vladimir Putin's in-person attendance at the upcoming BRICS summit, it could find itself exposed to diplomatic backlash from some of its most important trading partners. That being said, recent press reports suggest that the Cabinet has not yet made a decision on how to deal with the matter, with ministers divided over the optimal course of action.

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