Why Africa still needs the ICC: ISS

African countries should not withdraw from the International Criminal Court as the continent lacks the structures to adequately deal with such serious crimes.

It comes in response to President Jacob Zuma's remarks at the Africa Union Summit on Sunday that South Africa could withdraw from the ICC.

Head of the Institute for Security Studies Anton du Plessis said South Africa should continue to try and transform the court and not abandon its commitment to international criminal justice.

"Now is the time to drive that reform within the international criminal justice system as a whole, not to be pulling back and try to reinvent the wheel at a time when we desperately need these mechanisms to be working," du Plessis said.

Zuma first announced South Africa's possible withdrawal from the court during the AU Summit in Sandton in 2015.

The June summit was attended by Sudanese president Omar al-Bashir, who is wanted by the ICC for war crimes and crimes against humanity in Darfur.

As a party to the Rome Statute, South Africa was obliged to arrest and hand him over to the court, but failed to do so and instead allowed him to return home.

On Sunday Zuma told African leaders that the South African government believes "it is now impossible, under the circumstances, for South Africa to continue its participation in the Rome Statute."

He said South Africa will announce its decision in due course.

During the 26th AU Summit, leaders also unanimously endorsed a decision to move towards a roadmap for withdrawal.

Du Plessis said he viewed this as a sad day and said African countries should not abandon the court, given the role Africa played in establishing the ICC.

So far no country has officially withdrawn from the ICC, but many African states have criticised the court for only prosecuting African leaders wanted for atrocities. 

Last week the trial of former Ivory Coast president Laurent Gbagbo got underway in The Hague for post-election crimes in 2010.

He is the first head of state to be tried by the ICC.

(File photo: Getty Images)