Namibia’s ICC membership under constant scrutiny
Namibia is currently not withdrawing her International Criminal Court (ICC) membership – amid persistent accusations that the court is biased.
The country will, however, reconsider its position if it feels uncomfortable with the association in future.
Equally, should there be a feeling that the court no longer serves Namibia’s national interests, government will consult and a sovereign decision for withdrawal or otherwise shall be taken, the ministry of international relations said.
Executive director, ambassador Penda Naanda, said Namibia’s membership was based on national interest, adding that the situation was constantly being assessed.
It was reported this week that South Africa was withdrawing from the ICC in order to not be obliged to arrest Russian president Vladimir Putin, who might attend the upcoming BRICS summit slated for August in Johannesburg.
The acronym BRICS refers to five leading economies: Brazil, Russia, India, China and South Africa.
South Africa’s purported withdrawal was later reported to be untrue.
“The Presidency wishes to clarify that South Africa remains a signatory to the Rome Statute,” president Cyril Ramaphosa’s office said in a statement on Tuesday, adding that the president made the comments “erroneously”.
Not aware
The initial news of South Africa’s supposed withdrawal led to murmurs in Namibia that perhaps the country should adopt the same position. Naanda said there is no such decision being contemplated.
“Namibia actively participated in the negotiations that resulted in the adoption of the Rome Statute in 1998, and took a sovereign decision based on its national interest to join the court by becoming a state party. Should there be a feeling that the court no longer serves our national interest... a sovereign decision for withdrawal or otherwise shall be taken,” he said.
The ministry added that it was not aware of any attempts to withdraw from the ICC, which is often accused of being selective and biased against Africa.
“For the time being, the ministry of international relations is not aware of any considerations within government for Namibia to withdraw from the ICC.”
Naanda said Namibia has, in the past, raised some concerns with the global administration of international criminal justice, particularly with the ICC.
“As a state party, Namibia continues to attend the assembly of state parties, which is the highest decision-making body of the court,” he added.
Won’t hesitate
Presidential hopeful and international relations minister Netumbo Nandi-Ndaitwah in 2015 said Namibia would not hesitate to withdraw its membership.
“Our president was clear that the ICC is not serving its purpose any more. They like paying attention to what is happening in Africa, but when obvious atrocities happen outside the continent, they prefer to remain silent,” she told New Era at the time.
Institute for Public Policy and Research (IPPR) director Graham Hopwood said it is best Namibia remains a member of the ICC - despite its shortcomings - on the basis of its strong human rights.
“It would be better for Namibia to make clear any complaints it has about the ICC, but still stay in and work to improve how it operates and the scope of cases it covers.
“Despite its shortcomings, the ICC is still a force for the greater good and should be supported by all countries, especially those like Namibia which are democracies and have strong human rights protections in their laws,” Hopwood said.
‘Instrument of neo-colonialism’
Meanwhile, academic Rui Tyitende believes it’s best for Namibia to rescind its membership of the ICC and for Africans to rather form a similar grouping to hold African leaders to account.
“I don’t think we should be a signatory. It is an instrument to punish Africans. It is an instrument of neo-colonialism. We should form our own institutions on the African continent to hold African leaders to account,” he said.
Namibia became a state party to the Rome Statute of the ICC on 25 June 2002, and thus the statute is part of Namibian law and binding on the state, in accordance with Article 144 of the Namibian Constitution.
The country will, however, reconsider its position if it feels uncomfortable with the association in future.
Equally, should there be a feeling that the court no longer serves Namibia’s national interests, government will consult and a sovereign decision for withdrawal or otherwise shall be taken, the ministry of international relations said.
Executive director, ambassador Penda Naanda, said Namibia’s membership was based on national interest, adding that the situation was constantly being assessed.
It was reported this week that South Africa was withdrawing from the ICC in order to not be obliged to arrest Russian president Vladimir Putin, who might attend the upcoming BRICS summit slated for August in Johannesburg.
The acronym BRICS refers to five leading economies: Brazil, Russia, India, China and South Africa.
South Africa’s purported withdrawal was later reported to be untrue.
“The Presidency wishes to clarify that South Africa remains a signatory to the Rome Statute,” president Cyril Ramaphosa’s office said in a statement on Tuesday, adding that the president made the comments “erroneously”.
Not aware
The initial news of South Africa’s supposed withdrawal led to murmurs in Namibia that perhaps the country should adopt the same position. Naanda said there is no such decision being contemplated.
“Namibia actively participated in the negotiations that resulted in the adoption of the Rome Statute in 1998, and took a sovereign decision based on its national interest to join the court by becoming a state party. Should there be a feeling that the court no longer serves our national interest... a sovereign decision for withdrawal or otherwise shall be taken,” he said.
The ministry added that it was not aware of any attempts to withdraw from the ICC, which is often accused of being selective and biased against Africa.
“For the time being, the ministry of international relations is not aware of any considerations within government for Namibia to withdraw from the ICC.”
Naanda said Namibia has, in the past, raised some concerns with the global administration of international criminal justice, particularly with the ICC.
“As a state party, Namibia continues to attend the assembly of state parties, which is the highest decision-making body of the court,” he added.
Won’t hesitate
Presidential hopeful and international relations minister Netumbo Nandi-Ndaitwah in 2015 said Namibia would not hesitate to withdraw its membership.
“Our president was clear that the ICC is not serving its purpose any more. They like paying attention to what is happening in Africa, but when obvious atrocities happen outside the continent, they prefer to remain silent,” she told New Era at the time.
Institute for Public Policy and Research (IPPR) director Graham Hopwood said it is best Namibia remains a member of the ICC - despite its shortcomings - on the basis of its strong human rights.
“It would be better for Namibia to make clear any complaints it has about the ICC, but still stay in and work to improve how it operates and the scope of cases it covers.
“Despite its shortcomings, the ICC is still a force for the greater good and should be supported by all countries, especially those like Namibia which are democracies and have strong human rights protections in their laws,” Hopwood said.
‘Instrument of neo-colonialism’
Meanwhile, academic Rui Tyitende believes it’s best for Namibia to rescind its membership of the ICC and for Africans to rather form a similar grouping to hold African leaders to account.
“I don’t think we should be a signatory. It is an instrument to punish Africans. It is an instrument of neo-colonialism. We should form our own institutions on the African continent to hold African leaders to account,” he said.
Namibia became a state party to the Rome Statute of the ICC on 25 June 2002, and thus the statute is part of Namibian law and binding on the state, in accordance with Article 144 of the Namibian Constitution.
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