Local media reported that the South African government has granted diplomatic immunity to all international participants in BRICS-related events held in the country, including Russian President Vladimir Putin and other Russian officials.
In terms of the United Nations Convention on Immunities and Privileges conferring immunity from personal arrest or detention.
A gazette notice was issued by Minister for International Relations and Cooperation Naldei Pandor for the Diplomatic Immunity and Privileges Act to be given to all international officials at BRICS related events in the country. Daily MaverickA South African-based publication.
The notice, signed on May 19 and gazetted on May 2, said that Mr Putin and his international counterparts would be granted the exemptions and privileges provided in terms of section 6(1)(a) of the Act. A spokesman for Mr Pandor said the notice was “routine”, and that such notices were issued each time a similar international meeting took place in South Africa.
The Act states that this immunity is granted to officials and experts of the United Nations, any specialized agency or organization, and representatives of any state participating in an international conference or meeting convened in South Africa.
Section 6(1)(a) of the Act stipulates that immunities are “specifically provided for in the Convention on the Privileges and Immunities of the United Nations, 1946, or the Convention on the Privileges and Immunities of Specialized Agencies, 1947, as the case may be.” Yes, in respect of attending conferences and meetings”.
The document read, “exemption from personal arrest or custody and from confiscation of their personal belongings, and immunity from all legal process, in respect of words spoken or written and all acts done by them in their capacity as representatives.” ”
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Warrant for the arrest of Mr. Putin It was issued in March by the International Criminal Court in The Hague, and since South Africa is a member of the formation, Mr Putin is bound to be arrested if he is in the country. Despite this, South Africa, as the current chair of the BRICS alliance, has officially invited Mr. Putin to the summit in August.
The Department of International Relations is also taking legal opinion on how to deal with the ICC arrest warrant. Mr Putin’s possible attendance at the BRICS has been a point of contention since the warrant was issued. It is now confirmed that Russian Foreign Minister Sergei Lavrov will attend the BRICS Foreign Ministers’ meeting in Cape Town on June 1 and June 2.
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Oppose
Meanwhile, opposition leader John Steinhusen filed an application seeking an immediate order for the government to arrest Mr Putin if the ICC requests South Africa to stop him if he steps into the country. So he should be arrested. Daily Maverick informed of.
Mr Steenhuisen has requested a three-part order, which seeks to confirm that the other respondents to his application are bound to ensure that Mr Putin is arrested upon entering South Africa.
Mr Steenhuisen seeks confirmation of an order that the Director General of Justice, upon receipt of a request from the ICC to arrest and surrender Mr Putin, forward the arrest warrant to a magistrate. Other respondents are the President, the Minister and Director General of Justice and Constitutional Development, the Minister and Director General of International Relations and Cooperation, the Minister and Commissioner of the National Police, and the Vice President.
legal loophole
The South African government had indicated it was seeking a legal loophole that would allow it to host Mr Putin without breaching the rules ICC Rome Statute, This loophole is to be found in Article 98 of the Rome Statute.
While Article 27 of the Rome Statute states that even heads of state are not immune from prosecution by the ICC, Article 98 provides an exception to this general rule.
Article 98(1) states, “The court may not proceed with a request for surrender or assistance which would require the requested State [in this case South Africa] to act inconsistently with its obligations under international law with regard to the diplomatic immunity of the State or person of a third State, [in this case Mr. Putin and Russia] unless the Court can obtain the co-operation of that third State for the waiver of the first immunity.”
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At first glance, the article appears to suggest that the ICC cannot ask Pretoria to arrest and hand over Mr Putin unless Russia agrees to waive his immunity from prosecution – which Moscow clearly does. Will not give from
South Africa tried to invoke Article 98 when ICC asked it to arrest and surrender – Sudanese President Omar al-Bashir, But the ICC then ruled that because the UN Security Council had referred Sudan’s situation to the ICC, Article 98 did not apply.
“However, the Ukraine situation under which the ICC issued an arrest warrant for Mr Putin was not referred to the ICC by the UN Security Council. This was taken up by the ICC Prosecutor. South Africa may face an even greater obstacle in its own ICC Implementation Act, which also makes it clear that heads of state do not enjoy immunity from prosecution – but without qualifications such as Article 98,” Daily Maverick informed of.