Conflict of Allegiance: A Critical Assessment of South Africa’s Obligations to the International Criminal Court and the African Union

Abstract

In June 2015, South Africa drew the ire of ICC supporters for its failure to arrest Sudanese President Omar al-Bashir who is wanted by the Court while he was in South Africa. In October 2016, South Africa became the third African State to indicate its intention to withdraw from the ICC. In an official statement, the government of South Africa stated that ‘the Republic of South Africa has found that its obligations with respect to the peaceful resolution of conflicts at times are incompatible with the interpretation given by the ICC.’ The government of South Africa argues that they did not arrest Bashir in order that they should give effect to customary international laws, particularly those agreed to by members of the African Union. South Africa finds itself as a member of two organisations with seemingly contrasting ideologies. This article assesses South Africa’s obligations to both the ICC and the AU.