ICC Arrest Warrant: South Africa Must Arrest Vladimir Putin
The South African government may soon find itself in a tough position regarding the arrest of Russian President Vladimir Putin if he attends the BRICS summit in Durban later this year.
Last week, the International Criminal Court (ICC) issued a warrant for Putin’s arrest on charges of war crimes if he sets foot in any of the 123 ICC member countries, including South Africa.
However, given the potential diplomatic and political repercussions of such an arrest, the South African government may be reluctant to execute the warrant.
This situation is not unprecedented. In 2015, Sudanese President Omar al-Bashir, who was also under an ICC arrest warrant, attended a meeting of the African Union in South Africa.
The South African government issued immunity to all attendees, which was challenged in court but ultimately proved ineffective, as al-Bashir had already left the country by the time the courts finished their proceedings.
While the South African government may have valid reasons for not executing the ICC’s warrant, allowing a war criminal to enter and leave an ICC member state with impunity would render the ICC impotent and irrelevant.
As such, other ICC member states must do all they can to support South Africa in executing the warrant. Rather than punishing South Africa if it fails to comply, ICC member states should negotiate a plan to effect Putin’s arrest, possibly through the deployment of a delegation of police officers from every ICC member country.
Of course, Putin may opt not to attend the BRICS summit, thus avoiding the risk of arrest. While it would be preferable for the ICC to bring Putin to justice, it would still be a significant win for the ICC if Putin restricts himself to Russia and other non-ICC member states.
However, if Putin manages to make a mockery of the ICC, it would be a significant setback for international justice and human rights.
Ultimately, the South African government must weigh the risks and benefits of executing the ICC’s warrant against the potential consequences of not doing so.
MIt is crucial that the ICC remains relevant and effective in the fight against war crimes, and that member states to support one another in this fight. The next few months will be critical in determining how the situation will play out, and all eyes will be on the BRICS summit in Durban.
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