After months of speculation, a decision has finally been made – Russian President Vladimir Putin won’t attend the August BRICS (Brazil-Russia-India-China-South Africa) summit in South Africa.
This ‘get out of jail free’ card removes Pretoria’s need for a decision on this awkward diplomatic and legal dilemma.
In March, the International Criminal Court (ICC) issued an arrest warrant for Mr Putin for war crimes allegedly committed in Ukraine after February 2022. As a signatory to the ICC’s Rome Statute, and owing to the country’s domestication of that statute, South Africa is obliged to arrest Mr Putin if he arrives in the country.
This meant South Africa faced a unique situation among its BRICS peers. Neither China nor India have signed the Rome Statute. Although Brazil is a member, it didn’t have to reckon with the dilemma since it wasn’t hosting the meeting.
Apart from the unequivocal legal position, which requires South Africa to execute the arrest…