World

Putin ICC warrant debate goes on in South Africa: All the details

Published

2 years ago

May 3, 2023

Putin ICC warrant debate goes on in South Africa: All the details

Cape City, South Africa – On Tuesday, South Africa’s Justice Minister Ronald Lamola criticised the Worldwide Legal Courtroom (ICC), saying it was inconsistent in its work.

“The truth that an investigation into the atrocities in Palestine has not been accomplished whereas the one in Ukraine, opened later already has a referral towards a non-member state is an injustice,” Lamola stated whereas addressing Parliament.

His stance is the most recent from the South African authorities since March when the ICC issued an arrest warrant towards Russian President Vladimir Putin, accused of committing conflict crimes together with towards younger kids because the invasion of Ukraine in February 2022.

Russia isn’t an ICC member state however Putin has been invited to attend a summit in South Africa, an ICC signatory, in August. That has led to a debate, domestically or internationally, about whether or not he will probably be arrested or not.

The summit is a convergence of nations in BRICS (Brazil, Russia India, China, and South Africa), a bunch of rising economies.

As a signatory to the ICC’s Rome Statute, South Africa is legally obliged to behave on the warrant if Putin arrives within the nation. This has raised questions concerning the function of the ICC and its relations with Africa.

“We are going to discover numerous choices with regard to how the Rome Statute was domesticated in our nation together with the choice to take a look at extending customary diplomatic immunity to visiting heads of state in our nation,” Lamola was quoted as saying in native each day BusinessDay.

Listed here are the necessities:

What’s the Rome Statute and why is it being criticised?

In July 1998, 120 nations adopted the Rome Statute, the authorized foundation for establishing the ICC.

The courtroom’s founding treaty entered into pressure on July 1, 2002, and is binding on all its 123 present members.

Notable non-signatories to the Rome statute embody China, the US, India and Russia. Ukraine can be not a member of the ICC.

The ICC has jurisdiction over 4 essential crimes: crime of genocide; crimes towards humanity and conflict crimes, when dedicated after July 1, 2002, in addition to the crime of aggression, as of July 17, 2018, beneath particular circumstances and procedures. The ICC says it’s supposed to “complement, to not change, nationwide prison justice techniques”.

Nonetheless, ICC President Piotr Hofmanski has stated, “The courtroom has jurisdiction over crimes dedicated within the territory of a state occasion or a state which has accepted its jurisdiction,” he informed Al Jazeera. “Ukraine has accepted the ICC twice – in 2014 after which in 2015.”

Africa is the biggest regional grouping within the ICC with 34 member states.

Previously, the courtroom has been accused of concentrating on solely African states regardless of human rights abuses in Iraq, Israel, Afghanistan and Yemen.

Many of the ICC’s high-profile instances have come from Africa and no less than 5 had been referred to the courtroom by African states together with the Democratic Republic of Congo, Uganda, Central African Republic and Mali.

In 2014, Uhuru Kenyatta, then president of Kenya, turned the primary sitting head of state to look on the ICC, charged with crimes towards humanity throughout the nation’s post-election violence in 2007-2008. Present President William Ruto, then his deputy, was additionally charged. All fees had been later dropped attributable to “troubling incidence of witness interference and insupportable political meddling”.

In 2020, the US known as the ICC a “kangaroo courtroom” after an ICC investigation into the actions of US troops in Afghanistan. It additionally imposed sanctions on former ICC prosecutor Fatou Bensouda.

Vuyo Zungula, chief of the African Transformation Motion, an opposition occasion in South Africa informed Al Jazeera that the ICC is “doing the bidding for sure highly effective nations and that it’s not a good and goal establishment”.

“Our leaders in Africa are tender targets … the West is utilizing the ICC – to attempt to goal our leaders; as a method of curbing the work of that chief” he stated, including that the ICC is “dropping its legitimacy”.

What’s South Africa’s historical past with the ICC?

South Africa joined the ICC in 1998.

In 2015, the ICC issued an arrest warrant for the previous Sudanese chief, Omar al-Bashir. Al-Bashir was charged with committing genocide, crimes towards humanity, and conflict crimes throughout the 2003-08 Darfur conflict. He got here to the nation to attend an African Union summit however authorities there refused to arrest him, angering the ICC after his exit. The ANC then threatened to go away the courtroom.

The South African authorities utilized to withdraw from the ICC however in 2017 a courtroom dominated that the transfer was “unconstitutional”.

In accordance with Hannah Woolaver, affiliate professor of regulation on the College of Cape City, the ICC arrest warrant towards Putin “issues as a result of SA is a part of ICC and signed as much as the Rome Statue”. This implies South Africa has a authorized obligation to execute the arrest warrant, she stated.

“As a world organisation, it [the ICC] doesn’t have the facility to arrest anybody however its member states have ‘faithfully executed’ it as that is important to the functioning of the ICC,” added Woolaver.

To withdraw or to not withdraw?

On the finish of April, Fikile Mbalula, secretary-general of the governing African Nationwide Congress (ANC) informed the media that it was “hypocritical” to suppose that the nation will arrest Putin and it might withdraw from the ICC.

“This ICC doesn’t serve the curiosity of all, it serves a couple of,” Mbalula stated.

President Cyril Ramaphosa additionally initially supported his occasion’s stance.

“Sure, the governing occasion has taken the choice that it’s prudent that South Africa ought to pull out of the ICC, largely due to the style through which the ICC has been seen to be coping with a majority of these issues,” he informed the media throughout a state go to of Finnish President Sauli Niinisto in March.

“Our view is that we wish this matter of unfair remedy to be correctly mentioned,” Ramaphosa stated. “However within the meantime, the governing occasion has determined as soon as once more that there ought to be a pull-out, in order that will probably be a matter that will probably be taken ahead.”

In a outstanding twist, Ramaphosa’s workplace backtracked only some hours later, saying the nation wouldn’t be withdrawing from the ICC and blamed a communication error.

“South Africa stays a signatory to the ICC, this clarification follows an error in a remark made throughout a briefing held by the ANC, regrettably the president erroneously affirmed an identical place”.

President Cyril Ramaphosa delivers his State of the Nation handle in parliament in Cape City, South Africa, February 11, 2021 [Esa Alexander/Pool via Reuters]

What occurs subsequent?

In accordance with studies, Putin has indicated that he’ll attend the summit in Cape City on August 22-24. He has attended all BRICS summits since he was re-elected for a 3rd time period in 2012 – together with one in Johannesburg in July 2018.

This has put South Africa in a dilemma of arresting a determine as controversial as Putin.

Writing for the European Journal of Worldwide Regulation, Woolaver wrote, “It must also be recognised that by issuing an arrest warrant towards a sitting Head of State of a non-party State within the absence of a Safety Council referral, the ICC is placing States equivalent to South Africa in a troublesome place – each legally and politically.”

Many within the governing occasion and opposition are sure that there will probably be no arrest in August.

In accordance with Obed Bapela, deputy minister of Co-operative Governance and Conventional Affairs, the ANC’s place on Putin is that no sitting head of state could be arrested whereas within the nation.

“Will probably be a dream,” Zungala informed Al Jazeera. “It is not going to occur.”

Nonetheless, Alan Winde, premier of the Western Cape province and chieftain of the opposition Democratic Alliance has stated that if Putin units foot in Cape City, native officers will arrest him.

“If the police isn’t instructed to behave, we’ll,” stated Winde.

Related Topics:africa Featured news South Africa

Click to comment

World

Jon Hamm’s Your Friends & Neighbors Renewed at Apple TV+ Ahead of Series Premiere — Get Release Date

Published

2 hours ago

November 22, 2024

Press Room

Jon Hamm’s Your Friends & Neighbors Renewed at Apple TV+ Ahead of Series Premiere — Get Release Date

Jon Hamm ‘Your Friends and Neighbors’ Apple Series Cast, Release Date

World

Israel keeping its ‘eyes open’ for Iranian attacks during Trump transition period, ambassador says

Published

3 hours ago

November 22, 2024

Press Room

Israel keeping its ‘eyes open’ for Iranian attacks during Trump transition period, ambassador says

Israel’s U.N. Ambassador Danny Danon tells Fox News Digital that his country is keeping its “eyes open” for any potential aggression from Iran during the Trump transition period, adding it would be a “mistake” for the Islamic Republic to carry out an attack.

The comments come after Iranian Foreign Minister Abbas Araghchi vowed earlier this week that Iran would retaliate against Israel for the strategic airstrikes it carried out against Tehran on Oct. 26. Araghchi was quoted in Iranian media saying “we have not given up our right to react, and we will react in our time and in the way we see fit.”

“I would advise him not to challenge us. We have already shown our capabilities. We have proved that they are vulnerable. We can actually target any location in Iran. They know that,” Danon told Fox News Digital.

“So I would advise them not to make that mistake. If they think that now, because of the transition period, they can take advantage of it, they are wrong,” he added. “We are keeping our eyes open and we are ready for all scenarios.”

ICC REJECTS ISRAELI APPEALS, ISSUES ARREST WARRANTS FOR BENJAMIN NETANYAHU, YOAV GALLANT

Israel’s U.N. Ambassador Danny Danon tells Fox News Digital that his country is “ready for all scenarios” coming from Iran during the Trump transition period. (Fox News)

Danon says he believes one of the most important challenges for the incoming Trump administration will be the way the U.S. deals with Iran.

“Regarding the new administration, I think the most important challenge will be the way you challenge Iran, the aggression, the threat of the Iranian regime. I believe that the U.S. will have to go back to a leading position on this issue,” he told Fox News Digital.

“We are fighting the same enemies, the enemies of the United States of America. When you look at the Iranians, the Houthis, Hezbollah, Hamas, all those bad actors that are coming against Israel… that is the enemy of the United States. So I think every American should support us and understand what we are doing now,” Danon also said.

IRAN HIDING MISSILE, DRONE PROGRAMS UNDER GUISE OF COMMERCIAL FRONT TO EVADE SANCTIONS

House Speaker Mike Johnson and Rep. Elise Stefanik

Rep. Elise Stefanik, R-N.Y., is acknowledged by President-elect Donald Trump alongside Speaker of the House Mike Johnson during a meeting with House Republicans at the Hyatt Regency hotel in Washington, D.C., on Nov. 13, 2024. Stefanik has been chosen by President-elect Donald Trump as the next U.S. ambassador to the United Nations. (Allison Robbert/Pool via REUTERS)

Danon spoke as the U.S. vetoed a draft resolution against Israel at the U.N. Security Council on Wednesday.

The resolution, which was overseen by Algeria, sought an “immediate, unconditional and permanent cease-fire” to be imposed on Israel. The resolution did not guarantee the release of the hostages still being held by Hamas within Gaza.

Israeli Air Force planes departing for the strikes in Iran on Oct. 26. (IDF Spokesman’s Unit)

“It was a shameful resolution because… it didn’t have the linkage between the cease-fire and the call [for] the release of the hostages. And I want to thank the United States for taking a strong position and vetoing this resolution,” Danon said. “I think it sent a very clear message that the U.S. stands with its strongest ally with Israel. And, you know, it was shameful, too, to hear the voices of so many ambassadors speaking about a cease-fire but abandoning the 101 hostages. We will not forget them. We will never abandon them. We will continue to fight until we bring all of them back home.”

Fox News’ Benjamin Weinthal contributed to this report.

Greg Norman is a reporter at Fox News Digital.

World

Fact-check: What do we know about Russia’s nuclear arsenal?

Published

4 hours ago

November 22, 2024

Press Room

Fact-check: What do we know about Russia’s nuclear arsenal?

Moscow has lowered the bar for using nuclear weapons and fired a missile capable of carrying a nuclear warhead into Ukraine, heightening tensions with the West.

Russia’s nuclear arsenal is under fresh scrutiny after an intermediate-range ballistic missile capable of carrying an atomic warhead was fired into Ukrainian territory.

President Vladimir Putin says the unprecedented attack using the so-called “Oreshnik” missile is a direct response to Ukraine’s use of US and UK-made missiles to strike targets deep in Russian territory.

He has also warned that the military facilities of Western countries allowing Ukraine to use their weapons to strike Russia could become targets.

The escalation comes days after the Russian President approved small but significant changes to his country’s nuclear doctrine, which would allow a nuclear response to a conventional, non-nuclear attack on Russian territory.

While Western officials, including US defence secretary Lloyd Austin, have dismissed the notion that Moscow’s use of nuclear weapons is imminent, experts warn that recent developments could increase the possibility of nuclear weapons use.

Here’s what we know about Russia’s inventory of atomic weapons.

How big is Russia’s nuclear arsenal?

Russia holds more nuclear warheads than any other nation at an estimated 5,580, which amounts to 47% of global stockpiles, according to data from the Federation of American Scientists (FAS).

But only an estimated 1,710 of those weapons are deployed, a fraction more than the 1,670 deployed by the US.

Both nations have the necessary nuclear might to destroy each other several times over, and considerably more atomic warheads than the world’s seven other nuclear nations: China, France, India, Israel, North Korea, Pakistan and the United Kingdom.

Of Moscow’s deployed weapons, an estimated 870 are on land-based ballistic missiles, 640 on submarine-launched ballistic missiles, and potentially 200 at heavy bomber bases.

According to FAS, there are no signs Russia is significantly scaling up its nuclear arsenal, but the federation does warn of a potential surge in the future as the country replaces single-warhead missiles with those capable of carrying multiple warheads.

Russia is also steadily modernising its nuclear arsenal.

What could trigger a Russian nuclear response?

Moscow’s previous 2020 doctrine stated that its nuclear weapons could be used in response to an attack using nuclear or other weapons of mass destruction “when the very existence of the state is put under threat.”

Now, the conditions under which a nuclear response could be launched have changed in three crucial ways:

Russia will consider using nuclear weapons in the case of a strike on its territory using conventional weapons, such as cruise missiles, drones and tactical aircraft.
It could launch a nuclear attack in response to an aggression by a non-nuclear state acting “with the participation or support of a nuclear state”, as is the case for Ukraine.
Moscow will also apply the same conditions to an attack on Belarus’ territory, in agreement with President Lukashenko.

Is there a rising nuclear threat?

The size of the world’s nuclear stockpiles has rapidly decreased amid the post-Cold War détente. The Soviet Union had some 40,000 warheads, and the US around 30,000, when stockpiles peaked during the 1960s and 70s.

But FAS warns that while the overall number is still in decline, operational warheads are on the rise once again. More countries are also upgrading their missiles to deploy multiple warheads.

“In nearly all of the nuclear-armed states there are either plans or a significant push to increase nuclear forces,” Hans M. Kristensen, Director of the Nuclear Information Project at the Federation of American Scientists (FAS), said in June this year.

Is the West reacting?

When Putin approved the updated nuclear protocol last week, many Western leaders dismissed it as sabre rattling.

German Foreign Minister Annalena Baerbock said Germany and its partners would “not be intimidated” and accused Putin of “playing with our fear.”

But since Russia used a hypersonic ballistic missile capable of carrying a nuclear warhead in an attack on Dnipro, European leaders have raised the alarm.

“The last few dozen hours have shown that the threat is serious and real when it comes to global conflict,” Polish Prime Minister Donald Tusk said on Friday.

According to Dutch media reports, NATO’s secretary-general Mark Rutte is in Florida to urgently meet President-elect Donald Trump, potentially to discuss the recent escalation.

NATO and Ukraine will hold an extraordinary meeting in Brussels next Tuesday to discuss the situation and the possible allied reaction, according to Euronews sources.