An analysis of the responsibility to enforce International Criminal Court warrants of arrest against alleged perpetrators of international crimes from a South African context
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Abstract
This study focuses on the enforceability of International Criminal Court (ICC) arrest
warrants by member states. The prosecutor of the ICC has the power to prosecute
certain crimes committed by individual actors within the international community.
Genocide is a crime under international law, and crimes of this nature are prosecuted
by the ICC, when committed by member states against other states. The facts from
the Russian war against Ukraine, and other regions underpin this study. This war
resulted in the deaths of many Ukrainians, thus potentially amounting to genocide
under international law. The ICC issued a warrant of arrest for President Putin, who to
date has not been arrested. South Africa was expected to arrest President Putin if he
visited the country, and this remains the expectation. The ICC’s prosecutors also
applied for the issuing of warrants of arrest for Israeli Prime Minister Benjamin
Netanyahu and Hamas's leader in Gaza, Yahya Sinwar, which puts member states
under an obligation to enforce the warrant. The application for the warrant against
Prime Minister Netanyahu was made as a result of alleged genocide committed
against the Palestinian people in Gaza. Both Russia and Israel are known to have
strong military forces, which other member states like South Africa do not possess.
The question arises whether member states with inferior military forces can enforce
ICC arrest warrants against these powerful state leaders. Questions about the
enforcement of ICC warrants also arise when considering global and regional
economic and political alliances, such as the BRICS alliance, comprising Brazil,
Russia, India, China, and South Africa, among others. The study argues that while
inferior member states are under an obligation to enforce ICC warrants of arrest, there
will always be an inherent fear of starting a war with member states such as Russia
and Israel, who are in possession of powerful military forces, which complicates the
enforcement of ICC warrants. The study also analyses the enforcement of ICC
warrants in the context of global and regional political and economic alliances. A
considered conclusion on the enforceability of ICC warrants in the above-mentioned
contexts will be made at the end.
Description
Master of Laws (LLM)
Department of Public Law
Department of Public Law
Citation
Mutsila, M. 2026. An analysis of the responsibility to enforce International Criminal Court warrants of arrest against alleged perpetrators of international crimes from a South African context. . .