Two Ghanaians petition ICC to probe Xenophobic attacks, killings in South Africa
Two Ghanaians have petitioned the International Criminal Court (ICC), calling for an investigation into recurring xenophobic attacks in South Africa that have resulted in deaths, assaults and displacement of foreign nationals, particularly African migrants.
The petition was jointly submitted by former Government Spokesperson on Governance and Security, Dr. Palgrave Boakye-Danquah, and counter-terrorism and security analyst Emmanuel Kotin.
In the petition, the two urged the ICC to commence a preliminary examination into what they described as repeated acts of xenophobic violence in South Africa, which they say have led to the unlawful killing of civilians, physical assaults, forced displacement and the destruction of property belonging to foreign nationals.
According to them, African migrants have for years been subjected to violent attacks simply because of their nationality.
While acknowledging that many South Africans have publicly condemned the attacks, the petition argues that the frequency and scale of the violence point to a failure by state authorities to prevent the crimes, investigate perpetrators and ensure accountability.
The petition contends that the alleged pattern of attacks could fall within the scope of Article 7 of the Rome Statute, which defines crimes against humanity as widespread or systematic attacks directed against a civilian population.
The petitioners are therefore asking the ICC to open a preliminary examination into the situation and determine whether the incidents warrant a full investigation.
They further called on the Court to summon South African President Cyril Ramaphosa and other senior government officials to establish whether there is any command responsibility relating to the continued attacks.
According to the petition, holding those responsible accountable is essential to ending what they describe as a culture of impunity that continues to fuel xenophobic violence.
“We make this comparison with a heavy heart, but with historical clarity. Africa has seen this before. Leaders such as Charles Taylor of Liberia were held accountable when state power failed to protect human life. We cannot allow the killing of Africans by Africans to be normalised,” the petition stated.
The two petitioners stressed that their action should not be interpreted as an attack on the people of South Africa, describing the country as a sister nation and an important leader on the African continent.
Instead, they said their appeal is motivated by the pursuit of justice, the protection of human dignity and the need for Africa to uphold the principle of Ubuntu, which emphasises shared humanity.
“We are Africans. The blood of a Nigerian, Ghanaian, Zimbabwean, Mozambican, or Malawian killed in Johannesburg, KwaZulu-Natal, Eastern Cape or Western Cape is the blood of all of us,” the petition said.
The petitioners also appealed to the African Union (AU), the Economic Community of West African States (ECOWAS) and other international human rights organisations to support efforts to address xenophobia across the continent.
They pledged their readiness to cooperate fully with the Office of the Prosecutor of the ICC and provide any additional evidence that may assist in the investigation.
