South Africa has rejected a petition asking the International Criminal Court (ICC) to investigate alleged crimes against humanity linked to xenophobic attacks in the country.
The petition was submitted to the ICC on 15 July by two Ghanaian nationals, Palgrave Boakye-Danquah and Emmanuel Kotin.
Petition alleges systematic attacks
Boakye-Danquah is a former Ghanaian government spokesperson on governance and security. Kotin is a counter-terrorism and security analyst.
They want the ICC to open a preliminary investigation into attacks targeting foreign nationals in South Africa.
The petition alleges that migrants have faced a pattern of widespread and systematic violence. This reportedly includes killings, assaults, displacement and the destruction or looting of homes and businesses.
The petitioners also accuse President Cyril Ramaphosa’s government of failing to prevent, investigate or punish the alleged crimes.
They argue that the scale and repeated nature of the attacks could meet the definition of crimes against humanity under Article 7 of the Rome Statute.
South Africa calls petition opportunistic
The Department of International Relations and Cooperation has pushed back against the claims.
Department spokesperson Chrispin Phiri described the petition as opportunistic. He said South Africa has a sophisticated domestic legal system with laws that protect people against discrimination and intolerance.
According to Phiri, the country’s legislation provides enforcement measures against discrimination, including discrimination based on social origin.
President Ramaphosa’s office had not publicly responded to the petition at the time of reporting.
However, Ramaphosa has previously condemned attacks on foreign nationals and warned South Africans against blaming migrants for deeper problems such as unemployment and crime.
Petitioners demand accountability
The petitioners want the ICC to examine whether South African authorities have done enough to protect foreign nationals and hold perpetrators accountable.
They have also called for Ramaphosa and other senior government officials to be questioned over the state’s response to xenophobic violence.
The ICC confirmed receiving the submission, but receiving a petition does not automatically mean a formal investigation or court case will follow.
South Africa has experienced several outbreaks of violence against foreign nationals over the years. The latest petition places renewed international attention on how the government responds to xenophobia and protects migrant communities.
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