Topic: Strengthening the International Criminal Court
Country: South Africa
Topic page: background guide and all position papers All South Africa position papers GLIMUN 2011 committees
The Republic of South Africa believes that it will be a fruitless endeavor to attempt to tailor the International Criminal Court to fit the desires and constitutions of all existing governments. Within the Security Council there exists too many issues that prohibit individual nations from ratifying the Rome Statute, whether political or constitutional, for the Council to attempt to augment the Statute without removing essential portions of the document. Furthermore, it is not in our power as the Security Council to amend the Rome Statute, this must be done with a two-thirds majority vote of the State Parties, and will only enter into force with seven-eighths of the State Parties ratification. We can, however, suggest amendments to be made, or to be considered by the ICC.
It is South Africa’s conviction that the Court should investigate the use of and perhaps utilize truth commissions and the option of amnesty. South Africa recognizes that in some cases brought before the Court an indictment results in more bloodshed and violence by a criminal who feels threatened. In Africa this is especially prevalent. Members of the Lord’s Resistance Army in Uganda and the Sudanese President al-Bashir have all declined peaceful negotiations or the cease of hostilities due to outrage of indictments or fear of arrest once hostilities conclude. We must weigh the cost of justice against the price of human lives.
Amnesty is also an avenue that should be considered. After the fall if apartheid in South Africa, Nelson Mandela instituted a Truth and Reconciliation Commission that granted amnesty to the perpetrators of apartheid in exchange for a confession of the crimes they committed. When our nation was in such a transitional state, as are many African nations now, granting amnesty and perhaps imposing exile is more economically feasible and conducive to peace.
