SA revokes notification of withdrawal from the ICC

In a UN depositary notification, Guterres says the Instrument of Withdrawal from the Rome Statute of the ICC was revoked to adhere to February's High Court judgement. 

The Democratic Alliance (DA) approached the court to challenge the constitutionality of the intention by the South African government to withdraw from the ICC.

Gauteng Deputy Judge President Phineas Mojapelo said approval was needed from Parliament, before any steps to withdraw could be taken.

South Africa made international headlines when it failed to arrest Sudanese President Omar al-Bashir during his visit to the country for an African Union Summit in 2015, despite a warrant of arrest by the ICC.

Omar al-Bashir is accused of crimes against humanity.

The South African government claims the ICC is biased towards African countries and announced its notification to withdraw in October 2015.

Guterres communicated the notification yesterday.

"I wish to inform you that the Gauteng High Court of the Republic of South Africa has on 22 February 2017 issued a judgement in the matter between the Democratic Alliance and the Minister of International Relations and Cooperation and others and found that the approval of the Parliament of South Africa had to be obtained before the Instrument of Withdrawal from the Rome Statute of the International Criminal Court can be deposited with the United Nations as provided for In Article 127(1) of the Rome Statute of the International Criminal Court. Consequently, the abovementioned depositing of the Instrument of Withdrawal was found to be unconstitutional and invalid," says Guterres.

Guterres revokes the withdrawal with immediate effect.