Reuters and Inside Politics
Two Ghanaian nationals have petitioned the International Criminal Court (ICC) to open a preliminary investigation into attacks against foreign nationals in South Africa, which they said could constitute crimes against humanity.
South Africa has been gripped by a surge in anti-illegal immigrant protests in recent months, accompanied in some cases by violence against foreigners, whom protesters blame for problems such as crime and unemployment.
Several African migrants have been killed in the violence, while others have been beaten and have seen their homes and shops looted. Tens of thousands have fled the country.
The petition, which has been seen by Reuters and was submitted to the court on July 15, alleges a “pattern of widespread and systematic attacks” against migrants in South Africa and accuses President Cyril Ramaphosa’s government of failing to prevent or punish those crimes, including murder.
A spokesperson for South Africa’s foreign affairs ministry said the petition was opportunistic.
“South Africa has a sophisticated domestic legal framework and legislation provides comprehensive safeguards and enforcement measures against discrimination of any kind, including intolerance on the grounds of social origin,” the spokesperson, Chrispin Phiri, told Reuters.
In a statement issued on Thursday, Phiri added: “South Africa notes that this filing fails to satisfy the statutory legal triggers and jurisdictional requirements necessary for action by the Court.
“Furthermore, under the foundational principle of complementarity, South Africa maintains full confidence in its domestic legal framework. Crucially, legislation such as the Prevention and Combating of Hate Crimes and Hate Speech Act directly gives effect to the Republic’s obligations under the Constitution and international human rights instruments concerning racism, racial discrimination, xenophobia, and related intolerance.
“This legal framework specifically provides for distinct offences as hate crimes and hate speech, ensuring the prosecution of any persons who commit such offences.”
The petition was filed by Palgrave Boakye-Danquah, a former Ghanaian government spokesperson on governance and security, and Emmanuel Kotin, a counter-terrorism and security analyst.
“For years, African brothers and sisters have been killed, beaten, and driven from their homes in South Africa,” they said in a press release.
‘Serious questions’
“While we commend individuals in South Africa who have condemned these acts, the pattern, scale, and recurrence of the violence raise serious questions about the failure of state authorities to prevent, investigate, and punish these crimes,” it said.
A spokesperson for Ramaphosa did not immediately reply to a request for comment. Ramaphosa has previously condemned the attacks and warned against scapegoating immigrants for deep-rooted problems.
The ICC, which prosecutes war crimes and crimes against humanity, did not immediately respond to a request for comment.
South Africa has experienced periodic outbreaks of xenophobic violence for years even though the number of legal migrants it hosts — roughly 5% of the population — is low by international standards.
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