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BRICS Summit 2023: Vladimir Putin faces arrest warrant from ICC in South Africa

South African President Cyril Ramaphosa, however, is expected to back off from implementing an ICC arrest warrant against Putin to avoid antagonizing Russia

Russian President Vladimir Putin. Image: Bloomberg

Russian President Vladimir Putin, invited to attend the BRICS Summit in August, faces arrest in South Africa on an arrest warrant issued by the International Criminal Court (ICC), but South African President Cyril Ramaphosa is expected to back off from implementing the order to avoid antagonising Russia.

Arresting Vladimir Putin would be tantamount to declaring war with the Russians, Ramaphosa reportedly stated in recently released court papers, as the country wrangles over hosting the leader.

In March, the ICC issued an arrest warrant for Putin and another Russian official, accusing them of committing a war crime in Ukraine.

Johannesburg is hosting a BRICS Summit in August, to which Putin has been invited. But South Africa, an ICC member, is expected to implement the arrest warrant.

The issue has put Ramaphosa and the opposition at loggerheads, with the Democratic Alliance (DA) trying to force the government’s hand and ensure the Kremlin leader is held and handed over to the ICC if he steps foot in the country, AFP reported.

In a responding affidavit, Ramaphosa called the DA’s application “irresponsible” and said national security was at stake.

“Russia has made it clear that arresting its sitting President would be a declaration of war,” he said.

“It would be inconsistent with our Constitution to risk engaging in war with Russia,” he said, adding that this would go against his duty to protect the country.

The arrest would also undermine a South African-led mission to end the war in Ukraine and “foreclose any peaceful solution”, Ramaphosa wrote.

South Africa is seeking an exemption under ICC rules based on the fact that enacting the arrest could threaten the “security, peace and order of the state”, Ramaphosa said.

Last month, Ramaphosa led a seven-country African peace delegation including representatives from Egypt, Senegal and Zambia, to talks in Kyiv and Saint Petersburg.

ICC seeks Putin at BRICS

The ICC treaty states that a member country should consult the court when it identifies problems that may impede the execution of a request, and that the court may not proceed with requesting an arrest if this would require a state to break international rules on diplomatic immunity.

South Africa is the current chair of the BRICS Group, a gathering of heavyweights that also includes Brazil, Russia, India and China, which sees itself as a counter-balance to Western economic domination.

Putin is sought by the ICC over accusations that Russia unlawfully deported Ukrainian children.

The ICC’s chief prosecutor, Karim Khan, told CNN that South Africa should “do the right thing” and follow international law if Vladimir Putin attends next month’s BRICS Summit in Johannesburg.

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