Minister tells Parliament that Malawi will not withdraw from International Criminal Court
The country had earlier in 2015 announced its intention to leave after the ICC criticised it for disregarding an ICC order to arrest Sudanese President Omar Hassan al-Bashir, who is accused of genocide and war crimes, when he visited South Africa. The ICC issued a warrant for Bashir on counts of crimes against humanity, murder, torture, and rape, and other crimes over his alleged involvement in the Darfur genocide beginning in 2004.
The DA objected to the withdrawal of the ICC and took the matter to court, arguing the decision was unconstitutional, irrational and procedurally flawed.
The main opposition Democratic Alliance took the government to court, arguing that Masutha acted unlawfully by announcing the withdrawal without seeking parliamentary approval.
The court's ruling will force the parliament to open up the decision to the public - a critical part of the debate, said Phephelaphi Dube, director of the Centre for Constitutional Rights.
In its withdrawal notice, South Africa complained that its legal obligations to the global court were sometimes "incompatible" with the "peaceful resolution of conflicts".
Sitting in the high court in Pretoria, deputy judge president Phineas Mojapelo said on Wednesday that any move to pull out of the ICC must be "on the basis of the expressed authority of the constitution".
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Tony Blair is simply spelling out the truth about Brexit
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After the election of President Adama Barrow, The Gambia's new government in February asked the United Nations to halt its process of withdrawal from the ICC.
"Government will reflect on the reasons for the judgment and decide whether to appeal or not".
A high court judge instructed the government to revoke its notice of withdrawal from the court based in The Hague, Netherlands.
However, the Democratic Alliance argued the government's intention to leave the ICC directly contradicted South Africa's commitment and legal obligations to global justice and human rights. South Africa said the treaty contradicts its diplomatic immunity law and prevents the country from acting as a regional peacemaker, a role that could require it to host adversaries on its own soil.
It's an important ruling for global justice both in South Africa and beyond.
Human rights activists feared if South Africa, one of Africa's most politically and economically powerful countries, left the legal body, other countries would follow suit.
South African court says government's ICC withdrawal is unconstitutional
The opposition Democratic Alliance party, which filed the suit, said the ruling was a "victory for the rule of law". Under the Rome Statute, South Africa as an ICC member has an obligation to arrest anyone sought by the tribunal.
Blair defends Guantanamo release for 'Isis bomber'
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Netanyahu rejected Obama administration's peace plan in secret talks
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Watch Russell Westbrook talk fashion when asked about Kevin Durant
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Emotional Adele made Beyonce cry
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Trump flips out on Jewish reporter for asking about anti-semitism
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Feb 21 2017