Amnesty International’s Involvement in Putin Arrest Warrant Case in South Africa

Amnesty International South Africa Granted Amicus Curiae Status in Application to Arrest Putin

The Case and South Africa’s Obligations

Amnesty International South Africa has been admitted as an amicus curiae, or friend of the court, in the application for a declaratory order that if Russian President Vladimir Putin attends the BRICS Summit in South Africa in August, the South African authorities are obliged to arrest him. The International Criminal Court (ICC) had previously issued warrants of arrest for President Putin and Maria Alekseyevna Lvova-Belova, the Commissioner for Children’s Rights in the president’s office, for alleged war crimes involving the unlawful deportation of children from Ukraine to Russia and the unlawful transfer of children from occupied areas of Ukraine to the Russian Federation.

As a signatory to the Rome Statute that established the ICC, South Africa has a duty to arrest and surrender Putin to the court if he sets foot in the country. The country adopted the Implementation Act in 2002, which provides a framework for the implementation of the Rome Statute within its jurisdiction.

Amnesty International South Africa’s Executive Director, Shenilla Mohamed, emphasized that South Africa’s international legal obligations are clear. She stated, “Authorities must arrest Putin and hand him over to the ICC. Pretoria cannot aid a fugitive of the ICC to attend the BRICS summit and leave while he is accused of war crimes committed in Ukraine.” Mohamed further emphasized that failure to arrest Putin would be a violation of South Africa’s obligations under international law and a betrayal of the victims of crimes under international law in Ukraine.

The Role of Amnesty International

Amnesty International, as an amicus curiae, intends to make submissions on South Africa’s obligations under international and domestic law in this case. The organization will draw on its own research and reports into the situation in Ukraine and its relevance to this specific issue. Amnesty International South Africa aims to assist the court on matters of international justice, human rights violations, and accountability of state actors.

Mohamed stressed Amnesty International’s position that, should President Putin arrive in South Africa, the state is legally obliged to arrest him and surrender him to the ICC. She referred to the failure of South Africa to arrest then Sudanese President Omar Al-Bashir in 2015, who was also accused of war crimes and crimes against humanity. Mohamed emphasized that such a failure must not be repeated, as it would show disregard for both domestic and international law and undermine South Africa’s role in protecting human rights and combating impunity for crimes under international law.

South Africa’s Commitment to International Justice

It is important to note that South Africa played a crucial role in the creation of the ICC more than 20 years ago, aiming to bring an end to impunity for crimes such as genocide, crimes against humanity, and war crimes. The country signed the Rome Statute in 1998 and ratified it in 2000, firmly establishing itself at the forefront of international justice.

Shenilla Mohamed highlighted the significance of the ICC as one of the key avenues to justice for millions of victims of war crimes, crimes against humanity, and genocide. The Rome Statute criminalizes such offenses, including apartheid as a crime against humanity. In a time when crimes under international law continue to be committed with impunity, the ICC represents a fundamental opportunity for victims to obtain truth, justice, and reparation.

Under the African Charter on Human and People’s Rights and the Constitutive Act of the African Union, South Africa, as a member state, has a responsibility to uphold the principles of respect for the sanctity of human life, condemnation and rejection of impunity, and the pursuit of justice. Mohamed highlighted that South Africa should remain a crucially important ICC member state and lead efforts to prevent crimes under international law and ensure the prosecution of perpetrators. International mechanisms, such as the ICC, are essential in providing justice, truth, reparation, and guarantees of non-recurrence for victims and survivors of serious crimes worldwide.

Accountability of International Justice Institutions

Amnesty International acknowledges the need to hold international justice institutions accountable. The organization has drawn attention to recent decisions and practices that raise questions about the application of ICC principles to victims of crimes under international law in various situations and regions.

For instance, the Office of the Prosecutor (OTP) of the ICC decided in 2020 not to investigate war crimes committed by UK forces in Iraq, despite its own findings showing that these crimes had occurred. This decision was followed by the deprioritization of an investigation into war crimes in Afghanistan by US and Afghan national forces in 2021, citing budget constraints.

Mohamed reiterated Amnesty International’s call for the ICC to ensure non-discriminatory allocation of funding, in accordance with the interests of justice, and equal access to remedies and reparations for all victims of serious crimes.

Editorial and Advice

South Africa’s Opportunity for Leadership

South Africa has a unique opportunity to demonstrate its commitment to international justice and human rights by diligently fulfilling its legal obligations as a member state of the ICC. By adhering to its duty to arrest and surrender President Putin if he attends the BRICS summit, South Africa can reaffirm its position as a vanguard in preventing crimes under international law and ensuring the prosecution of perpetrators. Failing to do so would not only breach legal obligations but also undermine South Africa’s credibility on the global stage and disregard the rights of victims.

Addressing Questions of Impartiality and Equal Application of Justice

Amnesty International’s call for greater accountability within international justice institutions, particularly the ICC, deserves attention. The recent decisions and practices that have seemingly applied ICC principles inconsistently to victims of crimes under international law raise concerns about impartiality and equal access to justice.

South Africa, as a respected member of the international community, should use its influence to address these questions and advocate for transparent and fair application of justice. By challenging instances where justice appears to be dictated by political considerations or financial constraints, South Africa can contribute to the strengthening and integrity of international justice mechanisms.

Conclusion

South Africa’s obligation to arrest and surrender President Putin if he attends the BRICS summit is clear. Amnesty International’s acknowledgment of this obligation and its intervention in support of the court case demonstrate the organization’s commitment to justice and accountability.

South Africa must seize this opportunity to reaffirm its leadership in international justice, uphold the rights of victims, and demonstrate its commitment to the principles of the ICC. By doing so, South Africa can continue to be a key player in the fight against impunity and make a significant contribution to the pursuit of justice and reparation for victims of crimes under international law.

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