Following contradictory comments from various members, the African National Congress (ANC) has resolved to clarify its position on South Africa’s mooted withdrawal from the International Criminal Court (ICC) by stating that this would only be a measure of "last resort".

On Tuesday, the ANC affirmed its stance that South Africa should stay in the ICC; however, in a media briefing, party secretary general Fikile Mbalula remarked that the ANC would revoke the country as a signatory. President Cyril Ramaphosa also remarked that the ANC had taken such a decision. 

In the ANC National Executive Committee (NEC) discussions, members of the NEC had been critical of the “unequal and inconsistent manner international law is applied, including the often-selective application of international criminal law by the ICC.”

The party, however, said in a statement following Mbalula and Ramaphosa’s controversial remarks that “the withdrawal from the ICC as a measure of last resort would only arise if the options discussed do not garner the desired results of fairness and consistency in the administration of international law”.

Also in a turnaround, Presidency spokesperson Vincent Magwenya affirmed South Africa’s position as a signatory of the Rome Statute, maintaining that “South Africa is guided by the importance of strengthening institutions of global governance”.

Along with the reinvigoration of the Malabo Protocol, which provided the African Court of Justice and Human Rights with criminal jurisdiction, ANC NEC members earmarked the establishment of a continental criminal court that would accompany the ICC.

Mbalula highlighted that discussions centred on the options to amend national legislation to domesticate the Rome Statute in a way that reflected all of the articles in the Rome Statute. 

“This includes provision of Article 98 of the statute, which requires a waiver of immunities for persons charged by the ICC from third-party countries where there is no referral by the United Nations Security Council,” he said.

The NEC referred to the example of the UK domesticating the Rome Statute to incorporate the provisions of Article 98 as a benchmark for their approach. 

South Africans are waiting to hear whether Russian President Vladimir Putin, who is wanted by the ICC, will be attending the upcoming annual Brics Summit in South Africa, and if the South African government will abide by the ICC warrant and arrest him.