Arresting Russian President Vladimir Putin, who has an International Criminal Court (ICC) arrest warrant hanging over his head, will be tantamount to a war declaration, which SA seeks to avoid, President Cyril Ramaphosa has told the North Gauteng High Court.
“Russia has made it clear that arresting its sitting president would be a declaration of war. It would be inconsistent with our constitution to risk engaging in war with Russia,” Ramaphosa said in court filings.
“I have constitutional obligations to protect the national sovereignty, peace and security of the republic, and to respect, protect, promote and fulfil the rights of the people of the republic to life, safety and security, among other rights in the bill of rights.”
Ramaphosa was responding to the DA, who had approached the court to force the government to arrest Putin should he arrive for the Brics (Brazil, Russia, India, China, SA) annual summit to be hosted by SA in August.
In the confidential affidavit, which was publicly released on Tuesday, Ramaphosa said the DA’s court application is premature because the cabinet has not yet made a decision on the Putin conundrum.
He said the government will not disclose how it plans to deal with the possibility of arresting Russia’s leader if he arrives in SA for the Brics summit, citing Pretoria’s obligations to keep negotiations with the ICC private, in line with article 87 of the Rome Statute.
The court issued Putin with a warrant of arrest in March for alleged war crimes, throwing SA into a dilemma that tests its commitment to upholding international law and its ties with its biggest trade partners in the West.
Article 97 of the Rome Statute further obliges ICC member states to consult with the court if a problem is identified that could potentially impede or prevent the execution of an ICC request, such as a request to arrest and surrender an ICC suspect.
Ramaphosa was “never opposed to making the affidavits public; it was only in compliance with the ICC directive that the presidency sought to maintain confidentiality on the affidavit”, the presidency said in a statement.
Political headache
The matter will be heard on Friday, when both sides are expected to argue the merits of the case.
The possibility of Putin’s attendance at the summit has become a political headache for SA, which has refused to condemn Russia in its conflict with Ukraine, much to the annoyance of its Western trade partners. Pretoria has opted to remain non-aligned in the conflict.
The release of Ramaphosa’s affidavit coincided with the first day of the ANC-hosted Brics Political Party Plus, where Deputy President Paul Mashatile said SA has been placed under pressure to pick a side in the year-long war.
“We are for the silencing of the guns in Ukraine, the achievement of genuine peace and the peaceful coexistence between Russia, Ukraine and the neighbourhood,” he said in his opening address on Tuesday.
The party is confident that the African Peace Initiative, as led by Ramaphosa, will ultimately succeed. “We are keenly aware that the solution will not be found overnight.”
Party leaders from Brics member states, as well as ANC fraternal parties on the continent, are expected to discuss the increased calls by Brics member states for reform in global decision-making, the use of alternative currencies to the US dollar for international trade, expansion of Brics membership and working towards the integration of Brics financial and bond markets.
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