Bashir: Immunity and Impunity and South Africa

The author asserts that South Africa's domestication of the Rome Statute via the Implementation of The Rome Statute of The International Criminal Court Act 27 of 2002 creates a legal obligation that supersedes political resolutions from the African Union (AU). While acknowledging the ICC's perceived bias against Africa and the tension between political settlements and justice, the text argues that sovereignty should not provide a 'free-ticket' to human rights violations. It critiques the Malabo Protocol for excluding heads of state from the jurisdiction of the proposed African Court of Justice and Human Rights, suggesting that African states must build a credible internal system of international criminal justice to end the impunity of political elites.

• South Africa is legally obligated to follow the Rome Statute because it domesticated the treaty into national law through the Implementation of The Rome Statute of The International Criminal Court Act 27 of 2002, meaning political resolutions from the AU do not constitute a legal obligation.
• The International Criminal Court (ICC) is viewed as an imperfect instrument due to a perceived double standard where non-signatory states like the US, Russia, India, and China are largely exempt unless referred by the UN Security Council, while current investigations are concentrated in Africa.
• The 2014 Malabo Protocol, intended to grant the African Court of Justice and Human Rights jurisdiction over 14 international crimes, is criticized for excluding heads of state or government, thereby failing to demonstrate a commitment to ending impunity for political elites.

APA

South African Institute of International Affairs (2015). Bashir: Immunity and Impunity and South Africa. https://saiia.org.za/research/bashir-immunity-impunity-and-south-africa/

Chicago

South African Institute of International Affairs. Bashir: Immunity and Impunity and South Africa. 2015. https://saiia.org.za/research/bashir-immunity-impunity-and-south-africa/.

Wikipedia

{{cite press release |author=South African Institute of International Affairs |title=Bashir: Immunity and Impunity and South Africa |date=15 June 2015 |url=https://saiia.org.za/research/bashir-immunity-impunity-and-south-africa/ |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{southafricaninstituteofinternationalaffairs2015bashir, author = {{South African Institute of International Affairs}}, title = {{Bashir: Immunity and Impunity and South Africa}}, publisher = {South African Institute of International Affairs}, year = {2015}, month = jun, url = {https://saiia.org.za/research/bashir-immunity-impunity-and-south-africa/}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }