Two Ghanaians have petitioned the International Criminal Court (ICC) to investigate recurring xenophobic attacks in South Africa, arguing that the violence may amount to crimes against humanity under the Rome Statute.
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.
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The petitioners are seeking a preliminary examination into repeated attacks that they say have resulted in the killing, assault, displacement and destruction of property belonging to foreign nationals, particularly African migrants.
They argue that the continued attacks and the alleged failure of state authorities to prevent, investigate and prosecute those responsible raise concerns under Article 7 of the Rome Statute, which deals with crimes against humanity.
The petition also asks the ICC to determine whether senior South African officials, including President Cyril Ramaphosa, bear any responsibility for the alleged failure to protect victims.
The petitioners said the action is not directed against the people of South Africa but seeks to promote justice, accountability and the protection of human dignity.
“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 stated.
They also called on the African Union, ECOWAS and international human rights organisations to support efforts to address xenophobia across the continent and pledged to cooperate with the ICC should an investigation be launched.
