It would also be the end of South African sovereignty. The law does not rule. Brute may rule. “It is a tragedy for the president of a democratic South Africa, built on the rule of law, to bring such requests to the court,” she said.
The DA argued that individuals charged by the ICC are often individuals with significant political power and access to significant resources.
“They are accused of the most heinous crimes ever considered a crime global community. There would be no enforcement of international law if every person suspected of committing an international crime who would be arrested because they threatened retaliation against any country that dared to comply with the law was not arrested.
“In such a situation there will be absolutely no justice for the victims of war crimes, genocide and crimes against humanity.”
In this regard, the party said, it was worth emphasizing that Article 198(c) of the constitution expressly states: “National security shall be pursued in accordance with the law, including international law.”
The party says this further underscores the government’s continued commitment, even when it comes to issues of national security, to comply with the Rome Statute and the implementing law and the obligations they impose on the government.
Juncker said she agreed that any risk of armed conflict with Russia must be avoided and that the immediate and obvious solution to achieving this would be to “exclude Putin from the BRICS summit”.
The President never suggested that Russia declare war simply to remove Mr. Putin from our guest list. Jonker said.
She said the government found itself in an unenviable position because it failed to take a stand.
“This is, respectfully, a self-threatening and does not relieve them of the duty to comply with their obligations.”
She said that Ramaphosa himself gives an imperfect answer as to why he cannot exclude Putin.
“In paragraph 88 of the affidavit, he explained that once an invitation has been sent, due to courtesy and international relations, it cannot be withdrawn. Basically, the respondents’ position is that it would be impolite or against the principles of courtesy not to invite President Putin.”
Juncker said this is not a reliable answer.
She said continuing to invite and receive a head of state who threatens South Africa with war simply because it complies with its obligations under international law and domestic law, is illegal, irrational and unconstitutional. Moreover, the threat of offense to another country cannot justify a breach of a government’s legal obligations.
Juncker said the DA respects that there are ongoing diplomatic negotiations aimed at resolving the impasse. But these must occur in the context of compliance with the law.
In the end, the law leaves only two options open to the government: ensuring that President Putin does not come to South Africa, or arresting him if he does.
“She cannot legally negotiate any other position.”
Juncker said that while the Development Agenda noted efforts by Ramaphosa and other African heads of state to bring peace to Ukraine, the merits of these efforts did not allow the government to evade compliance with its obligations under international and domestic law.