As the controversy rages over whether South Africa will arrest Russian President Vladimir Putin in accordance with an International Criminal Court (ICC) arrest warrant, South Africa is investigating whether it can amend local legislation to allow the head of state to suspend the application of the Rome Statutes in the "national interest".

Last week, President Cyril Ramaphosa and African National Congress (ANC) secretary-general Fikile Mbalula sowed confusion by claiming the party had decided to withdraw from the ICC.

The Presidency issued a correction statement, clarifying it was actually not the case.

Addressing the Portfolio Committee on Justice and Correctional Services on Tuesday, Justice and Correctional Services Minister Ronald Lamola sought to clarify the government's position and, in the process, annoyed MPs from the African Christian Democratic Party (ACDP) and Democratic Alliance (DA) when he compared Russia's invasion of Ukraine with Israel's occupation of the Palestinian territories.

Lamola said South Africa was a party to the Rome Statute of the ICC, which it ratified in November 2000.

"A central feature of the Rome Statute of the ICC is that state parties to the ICC are encouraged to investigate and prosecute ICC crimes domestically," he added.

"South Africa also domesticated the Rome Statute through the adoption of the implementation of the Rome Statute of the International Criminal Court Act 2002 [Act no 27 of 2002], thus affirming South Africa's commitment to an international justice system.

"Being a party to the Rome Statute means that the government of South Africa has an obligation to cooperate fully with the ICC by surrendering suspects against whom warrants of arrest have been issued, providing legal assistance in investigations and obtaining evidence."

Lamola said he withdrew a bill that would have repealed South Africa's implementation of the Rome Statute, in line with the ANC's resolution adopted at its conference in December and January.

"We agree with Amnesty International in its annual report that the inconsistency of the ICC in the execution of its work undermines the rule of law, the fact that an investigation into the atrocities in Palestine has not been completed while the one in Ukraine, opened later already has a referral against a non-member state is an injustice. The people of Palestine must find justice in the ICC like any other citizens of the globe.

"We are looking at all options in this regard, including to look into a bill that may amend the implementation of the act, so as to bring it in line with customers' international law such as is practiced in Great Britain and Holland where the executive has a power to exit or suspend the implementation of the statute where it is in the national interest."

ACDP MP Steve Swart said he was "deeply concerned" with the comparison between Russia and Israel.

"I think it is totally unacceptable. I believe the ANC should relook its foreign policy, which is often described as clueless and immoral.

"And also consider gross human rights violations such as in Iran, China, North Korea, Burundi, Syria, where the ANC has consistently taken the wrong side when it comes to voting," added Swart.

DA MP Glynnis Breytenbach said what happened last week was a "rather embarrassing flip-flop".

"We withdraw, and then we don't withdraw, all in the space of three nanoseconds.

"And then the minister's view on Israel is rather illuminating.

"He chooses to pick on a country smaller than the Kruger National Park - a speck in the desert - to spend 10 minutes telling us how dreadful they are.

"While human rights abuses may or may not occur there, and nobody says Israel is perfect, not by a long shot, but in the rest of the world, serious human rights abuses occur, also in Africa, and elsewhere in the world, as mentioned by Mr Swart, and the minister chooses to remain silent on those.

"And to compare the Israel and Palestine situation with Ukraine and Russia, really, you know, even you, minister, should know better. I disagree strongly with your views, and I find them quite petty and somewhat puerile."

Lamola responded he was merely relaying Amnesty International's findings.

"With regard to the issue raised by many members with regards to the comparison of Palestine to Russia: it's not me, chairperson.

"This has been observed by Amnesty International about the double standards by the ICC in terms of when it opens investigations and referrals of matters," he said.

"And this Palestine example and Ukraine is not the only one. There are also other matters that are still not yet finalised that have been sitting with the investigators of the International Criminal Court. And they cited issue of resources, including the issue of Palestine.

"But these investigations were long opened before the Russian/Ukraine-related investigation.

"So, the point we are raising is the ICC must not have eyes when it comes to the law.

"It must be equal, it must be fair, everyone must be treated with the same measure, so if, with the Palestine issue, it was opened before, the ICC should by now have referred those atrocities and crimes against humanity that are happening in that area of Palestine committed by the Israeli authorities. 

"By now, there should have been a decision to refer, because it happened long before this issue related to Ukraine. That is the point, we are calling for fairness.

"We continue to belief that the rule of law gets undermined when the law is applied selectively."

Amnesty International did indeed express its concern about a "hierarchical system of international justice".

However, the global human rights movement has also called for Putin's arrest. Lamola did not mention this.

In fact, the arrest warrant follows an Amnesty International report in November which documented the forcible transfer and deportation of Ukrainian civilians, including children, by Russian forces and their proxies into Russia or deeper into Russian-occupied Ukraine.

The organisation considered this a war crime.

The ICC issued the warrant in March.

South Africa will host the BRICS summit in August, and it is customary the heads of state of Brazil, Russia, India, China and South Africa attend these summits, and Putin has been duly invited.

It is highly unlikely the legislative amendment would be completed by then.

While the ANC and government have historically been vocal in expressing its solidarity with Palestine, it has, under the guise of "neutrality", refused to condemn or even acknowledge Russia's aggression towards Ukraine.

The government has also claimed it is "non-aligned", even though it is a member of BRICS.