…By Roland Peterson for TDPel Media.
The Democratic Alliance (DA) has filed a court application in the Gauteng High Court in Pretoria, urging for a declaratory order to be issued against Russian President Vladimir Putin upon his arrival in South Africa to attend the BRICS summit.
The International Crime Court (ICC) has issued a warrant of arrest for Putin, and the DA is calling on the South African government to detain him and surrender him to the ICC.
DA’s Initiative to Ensure Arrest of Vladimir Putin
The DA has taken this legal action to prevent a recurrence of the Al-Bashir saga, where the South African government failed to fulfill its duty to make an arrest in 2015.
Advocate Glynnis Breytenbach, the party’s Shadow Minister for Justice and Constitutional Development, explained that this court action aims to ensure that South Africa fulfills its obligations under the Rome Statute of the International Criminal Court and the Implementation Act of the Rome Statute of the International Criminal Court of 2002.
Accusations Against Putin and the ICC Warrant
President Putin is accused by the ICC of committing war crimes, specifically the unlawful deportation and transfer of children from occupied areas of Ukraine to the Russian Federation.
These allegations fall under Articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute.
The Precise Steps Outlined in the DA’s Court Application
Advocate Breytenbach stated that the DA’s court application outlines the specific steps to be taken if the ICC requests President Putin’s arrest and surrender.
These steps include forwarding the request to a Magistrate in accordance with section 8(2) of the Implementation Act by the Director General of Justice and Constitutional Development.
If a Magistrate endorses a warrant of arrest, the government must take action to detain President Putin and surrender him to the ICC.
Ensuring Clarity and Legal Obligations
The DA seeks a declaratory order to eliminate any legal ambiguity regarding the required procedures and the state’s obligations in the event that President Putin sets foot in South Africa.
Advocate Breytenbach emphasized the importance of this order in ensuring a clear and unambiguous course of action.
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