, CSL2601 Assignment 1 (COMPLETE ANSWERS) Semester
2 2026 - DUE August 2026; 100% Correct solutions and
explanations.
QUESTION 1
Discussion of the Ill-Conceived Announcement to Withdraw from the Rome
Statute
South Africa became a State Party to the Rome Statute of the International
Criminal Court (ICC) in 2000 and domesticated its obligations through the
Implementation of the Rome Statute of the International Criminal Court Act
27 of 2002. As a member of the ICC, South Africa undertook to cooperate with the
Court in investigating and prosecuting individuals responsible for genocide, crimes
against humanity, war crimes, and the crime of aggression. The attempted
withdrawal from the Rome Statute in 2016 became one of the most controversial
constitutional and international law issues in South Africa.
The announcement by the Head of the Executive responsible for International
Relations that South Africa was withdrawing from the Rome Statute was widely
regarded as ill-conceived because it ignored constitutional requirements and the
separation of powers. The executive branch deposited a notice of withdrawal with
the Secretary-General of the United Nations without first obtaining parliamentary
approval or repealing the domestic legislation that incorporated the Rome Statute
into South African law.
The decision followed criticism of South Africa after it failed to arrest Sudanese
President Omar al-Bashir during an African Union summit held in Johannesburg in
2015. The ICC had issued arrest warrants against al-Bashir for alleged genocide,
war crimes, and crimes against humanity committed in Darfur. Despite a High
Court order preventing him from leaving the country, the South African
government allowed him to depart, arguing that he enjoyed immunity as a visiting
head of state. This action placed South Africa in conflict with both its domestic
legislation and its obligations under the Rome Statute.
The executive justified its decision to withdraw by claiming that membership of
the ICC limited South Africa's ability to mediate peace negotiations in Africa
because visiting heads of state who were wanted by the ICC could not safely attend
diplomatic meetings in the country. The government argued that its peacekeeping
and mediation responsibilities conflicted with its obligations under the Rome
2 2026 - DUE August 2026; 100% Correct solutions and
explanations.
QUESTION 1
Discussion of the Ill-Conceived Announcement to Withdraw from the Rome
Statute
South Africa became a State Party to the Rome Statute of the International
Criminal Court (ICC) in 2000 and domesticated its obligations through the
Implementation of the Rome Statute of the International Criminal Court Act
27 of 2002. As a member of the ICC, South Africa undertook to cooperate with the
Court in investigating and prosecuting individuals responsible for genocide, crimes
against humanity, war crimes, and the crime of aggression. The attempted
withdrawal from the Rome Statute in 2016 became one of the most controversial
constitutional and international law issues in South Africa.
The announcement by the Head of the Executive responsible for International
Relations that South Africa was withdrawing from the Rome Statute was widely
regarded as ill-conceived because it ignored constitutional requirements and the
separation of powers. The executive branch deposited a notice of withdrawal with
the Secretary-General of the United Nations without first obtaining parliamentary
approval or repealing the domestic legislation that incorporated the Rome Statute
into South African law.
The decision followed criticism of South Africa after it failed to arrest Sudanese
President Omar al-Bashir during an African Union summit held in Johannesburg in
2015. The ICC had issued arrest warrants against al-Bashir for alleged genocide,
war crimes, and crimes against humanity committed in Darfur. Despite a High
Court order preventing him from leaving the country, the South African
government allowed him to depart, arguing that he enjoyed immunity as a visiting
head of state. This action placed South Africa in conflict with both its domestic
legislation and its obligations under the Rome Statute.
The executive justified its decision to withdraw by claiming that membership of
the ICC limited South Africa's ability to mediate peace negotiations in Africa
because visiting heads of state who were wanted by the ICC could not safely attend
diplomatic meetings in the country. The government argued that its peacekeeping
and mediation responsibilities conflicted with its obligations under the Rome
