The President seems to suggest
Posted: Thu Mar 27, 2025 9:45 am
This revealed for the first time openly, that at the latest by early May 2023 the ICC did indeed transmit requests for cooperation to all states parties in respect of President Putin’s and Ms Lvova-Belova’s arrest. Interestingly, the request for cooperation in respect of President Putin was a request to South Africa for provisional arrest (in terms of Article 92), rather than for arrest and surrender (in terms of Article 89). Perhaps this was because at the time there was a concern that President Putin would be special lead imminently traveling abroad, which necessitated an urgent request. This can be contrasted with what occurred in respect of then President Al Bashir. There the ICC sent requests for arrest and surrender to all state parties.
The court papers also showed that, at some point, after receiving the request, South Africa entered into Article 97 consultations with the ICC. The government’s affidavits filed in the Pretoria Court do not expressly say what issues were raised by South Africa before the ICC.
However, the President does say on affidavit that ‘Russia has made it clear that the arrest of President Putin would be a declaration of war against Russia.’ (see here). The President simply refers to news articles that indicate that this might be Russia’s position (see e.g. here), rather than suggesting having received a direct communication from Russia. that this alleged threat of war if President Putin were to be arrested was one of the issues that may have been raised with the ICC. The President also appears to indicate in that same affidavit that Article 98 issues regarding immunity may also have been raised with the ICC.
The court papers also showed that, at some point, after receiving the request, South Africa entered into Article 97 consultations with the ICC. The government’s affidavits filed in the Pretoria Court do not expressly say what issues were raised by South Africa before the ICC.
However, the President does say on affidavit that ‘Russia has made it clear that the arrest of President Putin would be a declaration of war against Russia.’ (see here). The President simply refers to news articles that indicate that this might be Russia’s position (see e.g. here), rather than suggesting having received a direct communication from Russia. that this alleged threat of war if President Putin were to be arrested was one of the issues that may have been raised with the ICC. The President also appears to indicate in that same affidavit that Article 98 issues regarding immunity may also have been raised with the ICC.