25 Oct 2016

Botswana has noted with regret the decision by the South African government to withdraw from the Rome Statute of the International Criminal Court (ICC), in terms of Article 127(1), by an instrument dated October 19, 2016, deposited with the Secretary General of the United Nations on October 21.

While Botswana fully respects the sovereign right of any country to become a party to, or to withdraw from any international instrument, a press release from the Ministry of International Affairs and Cooperation says “the government of Botswana nonetheless regrets that the government of South Africa reached this decision.”

Botswana, the release says remains convinced that the Assembly of States Parties (ASP) to the Rome Statute is the most appropriate platform for States Parties to address any concerns they may have regarding the implementation of the Statute.

“It had been our sincere hope and expectation that the government of South Africa would use the opportunity presented by the upcoming meeting of the Assembly of States Parties (ASP) on November 16 to 24 at The Hague to ventilate its concerns in this regard,” says the release.

Additionally, the release says Botswana is convinced that as the only permanent international criminal tribunal, the ICC is an important and unique institution in the international criminal justice system. “Botswana therefore wishes to reaffirm its membership of the Rome Statute and reiterate its support for a strong international criminal justice system through the ICC.

Botswana does not, therefore, associate itself with calls for States Parties to withdraw from the Rome Statute,” adds the release. Such a move, the release says, betrays the rights of the victims of atrocious crimes to justice and also undermines the progress made to date in the global efforts to fight impunity.

The release further states that in order to ensure that the maintenance of minimum international standards of justice are observed, Botswana urges all States Parties to remain committed to and also respect their obligations under the Rome Statute by cooperating with, and providing political support to the ICC. ENDS