South Africa's withdrawal from ICC in question

Both the South African government and governing African National Congress (ANC) sent out mixed messages regarding the country's position as to whether or not it should withdraw from the International Criminal Court.

President Cyril Ramaphosa's office issued a statement late Tuesday seeking to clarify remarks the president made about South Africa withdrawing from the ICC earlier in the day.

"The presidency wishes to clarify that South Africa remains a signatory to the Rome Statute... This clarification follows an error in a comment made during a media briefing held by the governing African National Congress," Ramaphosa's office said in a statement.

The presidency said "regrettably" Ramaphosa had "erroneously affirmed a similar position" to the ruling party.

Ramaphosa voiced intent to quit ICC

During a press conference earlier Tuesday, Ramaphosa said his governing ANC  had "taken that decision that it is prudent that South Africa should pull out of the ICC."

He said the decision was a result of discussions over the weekend among party members over the court's "unfair treatment" of some countries.

"We would like this matter of unfair treatment to be properly discussed, but in the meantime the governing party has decided once again that there should be a pull out," Ramaphosa said.

The ANC also issued its own statement regarding comments made by the party's secretary-general Fikile Mbalula about withdrawing from the ICC.

"In outlining this broad context of discussion, an unintended impression may have been created that a categorical decision for an immediate withdrawal had been taken. This is not so," the ANC statement said.

As a member of BRICS, South Africa shares good relations with Russia, and has not condemned Russia's actions in Ukraine.

Earlier this year South Africa held joint naval drills with Russia and China which coincided with the one year anniversary of Moscow's invasion of Ukraine.

Although South Africa has previously said it intends to withdraw from the ICC, the remarks come at a time when Russian leader Vladimir Putin considers his invitation to attend the BRICS summit which will be hosted by South Africa in August.

South Africa's ICC obligations

The International Criminal Court, based in the Hague, last month issued an arrest warrant for Putin for illegally deporting Ukrainian children to Russia.

South Africa would theoretically be required to arrest Putin should he visit the country to attend the BRICS summit, which is a meeting of the bloc of Brazil, Russia, India, China and South Africa.

Vincent Magwenya, a spokesperson for Ramaphosa, told reporters in March: "We are, as the government, cognisant of our legal obligation. However, between now and the summit we will remain engaged with various relevant stakeholders."

A spokesperson for Putin also said a decison would be taken closer to time.

This isn't the first time South Africa has found itself at the center of a diplomatic and legal conundrum regarding its obligations as a signatory of the Rome Statute.

In 2015 then-Sudanese President Omar al-Bashir visited the country for an African Union summit. South African authorities refused to act on an ICC arrest warrant for war crimes.

South Africa was severely criticized for allowing the leader to return to Sudan. 

The ICC was established in 2002 to prosecute war crimes and crimes against humanity when member states are unwilling or unable to do so themselves. It has 123 member states.

While the ICC is supported by many United Nations members and the European Union, other major powers like the United States, China and Russia are not members. 

Those countries argue the court could be used for politically motivated prosecutions.