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South Africa Rejects ICC Bid Over Migrant Violence

South Africa Rejects ICC Bid Over Migrant Violence

South Africa has called an ICC petition over migrant violence opportunistic, saying its courts can handle the case.

South Africa has dismissed an ICC petition filed by two Ghanaians seeking an investigation into attacks on foreigners, calling the move opportunistic as pressure grows over unrest linked to undocumented migrants. The petition was lodged with the International Criminal Court in The Hague last week and argues that the violence may amount to crimes against humanity.

The filing accuses South Africa’s government of failing to prevent the attacks and punish those responsible. But the foreign ministry said the complaint does not meet the ICC’s legal threshold and insisted the country’s own justice system is capable of dealing with the matter. It said South Africa remains committed to the rule of law and would ensure anyone who carries out violence or unlawful acts is held accountable in its courts.

Tensions between Ghana and South Africa have risen as anti-migrant protests spread. Ghana was one of the first African countries to bring home its citizens after the latest wave of unrest. It has said one of its nationals was killed in the violence, a claim South African authorities have denied. Other countries, including Kenya, Malawi, Nigeria and Uganda, have also been arranging flights or buses to bring their citizens back.

Anti-migrant groups set a 30 June deadline for undocumented migrants to leave, and many foreigners have chosen to flee rather than risk intimidation or violence. South Africa says more than 53,000 foreign nationals have recently been deported or voluntarily repatriated, while an AFP tally based on figures from migrants’ home governments puts the number of departures at more than 160,000 over the past two months. Protesters have demanded tighter border controls and mass deportations, blaming migrants for unemployment, crime and the collapse of public services.

The United Nations has warned against turning migrants into scapegoats for South Africa’s broader economic problems. On Sunday, Ecowas leaders also condemned what they described as despicable treatment of West African citizens and urged South African authorities to move quickly to end the violence and protect foreign nationals. President Cyril Ramaphosa has acknowledged public concern over migration, but he has also condemned attacks on migrants and warned people not to take the law into their own hands.

The ICC has not said whether it will take up the petition. For South Africa, the ICC petition has become another test of how it handles migration anger without letting mob pressure override the law — a matter with real consequences for safety, order and the rule of law.

Frequently asked questions

What was the ICC petition asking for?
Two Ghanaians filed it in The Hague, seeking an investigation into attacks on foreigners in South Africa. They argued the violence may amount to crimes against humanity.
How did South Africa respond to the petition?
The foreign ministry dismissed it as opportunistic and said it does not meet the ICC’s legal threshold. South Africa said its own justice system can handle the matter.
What has happened to foreign nationals during the unrest?
Anti-migrant protests have led many foreigners to leave rather than risk intimidation or violence. South Africa says more than 53,000 foreign nationals have been deported or voluntarily repatriated.
Which countries have been helping citizens leave South Africa?
Ghana was among the first to bring home its citizens, and Kenya, Malawi, Nigeria and Uganda have also arranged flights or buses for their nationals.

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