The authorities of the Republic of South Africa have promised diplomatic immunity to the participants of the two BRICS meetings, which will be held in South Africa in June and August 2023. Later, the Republic’s Ministry of Foreign Affairs clarified that immunity is “not for specific individuals” and does not overrule arrest warrants issued by international courts.
In South Africa, this issue has been of concern since the International Criminal Court (ICC) in The Hague issued an arrest warrant against Russian President Vladimir Putin, invited to the BRICS summit. What are the prospects for the arrest of the Russian leader if he arrives in the republic, and what about South Africa – in the material of Russian media.
In March 2023, the International Criminal Court (ICC) in The Hague issued an arrest warrant for Vladimir Putin on suspicion of deporting Ukrainian children and their “illegal transfer” to Russia.
South African President Cyril Ramaphosa then convened an inter-ministerial commission to explore options for dealing with the ICC mandate.
“Nothing to do with Putin”
A meeting of foreign ministers from the BRICS countries (Russia, Brazil, India, China and South Africa) will be held in Cape Town on June 1-2, and a summit of leaders from the bloc countries is scheduled for August 22-24. in Johannesburg.
29 May Minister for International Relations and Cooperation of South Africa Naledi Pandor declared that participants in both BRICS events enjoy immunity and diplomatic privileges for the duration of the meetings.
The Minister referred to the 1946 United Nations Convention on Privileges and Immunities, as well as the 1947 Convention on the Privileges and Immunities of the Specialized Agencies, adopted by a resolution of the United Nations General Assembly.
The following day, the South African Ministry of Foreign Affairs clarified on its Facebook page (owned by Meta*) that the procedure for granting immunities is standard and applies to all international conferences and summits held in the republic, whatever regardless of the level of participation. At the same time, the department emphasized that immunities are for the conference, not specific individuals, and protect from the jurisdiction of the host country for the duration of the event.
“These immunities do not overrule arrest warrants that may be issued by any international court against any conference participant,” the agency explained.
South African Foreign Ministry spokesman Clason Moniela called the granting of immunity to participants in BRICS meetings a routine procedure that has nothing to do directly with Putin.
“It’s ok. It’s routine. Nothing special. It has nothing to do with the Russian president. It’s the list of immunities we make every time we hold an international conference or summit. said Monyela to the South African edition of News24.
The Kremlin has yet to officially confirm Putin’s personal participation in the BRICS summit. On May 30, Presidential Press Secretary Dmitry Peskov, answering a pertinent question, declared that Russia “will participate in this summit at the appropriate level”, but did not give details. At the same time, Moscow expects Russia’s partner countries in the BRICS “not to be guided” by the “illegal decisions” of the ICC, added Peskov.
“Either withdraw the invitation or stop”
On May 30, South Africa’s opposition Democratic Alliance party called on the country’s High Court to issue a directive ordering Putin’s arrest if he arrives.
“In the current situation, South Africa has two options: the Minister of Foreign Affairs and Cooperation or the President should either withdraw the invitation for Putin to visit the country, or we should stop him when he arrives” said Democratic Alliance spokeswoman Emma Louise Powell. , in whose words son Bloomberg.
South Africa’s ruling party, the African National Congress (ANC), has said that if Putin comes to the BRICS summit he will be “warmly welcomed”. “Putin is the head of state, do you think the head of state can be arrested so easily anywhere?” ANC secretary general Fikile Mbabula told the BBC on May 23.
According to article 98 of the Rome Statute of the ICC, a court cannot request extradition or assistance if it requires the requested state “to act in violation of its obligations under international law with regard to public or diplomatic immunity of the person or property of another State, until the court obtains the cooperation of that other State in the waiver of immunity”.
This formulation gives South Africa the opportunity to welcome Putin to the summit and not be forced to stop him, think The Guardian. Section 98 provision suggests Putin can only be arrested in South Africa if Russia waives immunity from prosecution, ‘which it obviously won’t’ Remarks CBS.
Putin’s possible participation in the BRICS summit has been discussed at the highest level since the ICC warrant was issued, sources on the channel in the South African government said.
In 2015, South African authorities refused to comply with an ICC arrest warrant against then Sudanese President Omar al-Bashir, accused of war crimes and genocide, recalls Bloomberg. In June 2015, al-Bashir attended the African Union summit in Johannesburg, received guarantees of immunity, and then was able to leave South Africa without incident.
In 2016, South Africa’s Supreme Court of Appeal ruled that the government had acted unlawfully and the ICC found that the country’s authorities had failed to meet their international obligations.
In late March, Bloomberg wrote, citing sources, that the government and ruling party in South Africa were considering all possible options to avoid Putin’s arrest if he made it to the BRICS summit. The Sunday Times reported in early May that South African authorities had told Putin not to come to the summit or he would have to be arrested. The source of the publication claimed that the republic had no choice but to arrest the President of Russia.
*Meta’s activities to spread the Facebook social network in Russia are recognized as extremist and prohibited
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