By Felix Cofie
Two Ghanaians have petitioned the Office of the Prosecutor of the International Criminal Court (ICC) in The Hague 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 at the Africa Centre for Security and Counter Terrorism, Emmanuel Kotin.
According to the petition, the request seeks a preliminary examination into repeated xenophobic attacks in South Africa that have allegedly resulted in the killing, assault, displacement and destruction of property belonging to civilians and foreign nationals, particularly African migrants.
The petitioners argue that the continued nature of the attacks raises concerns about the failure of state authorities to adequately prevent, investigate and prosecute those responsible.
Citing Article 7 of the Rome Statute, they contend that widespread and systematic attacks against a civilian population could constitute crimes against humanity.
As part of their petition, the two Ghanaians are asking the ICC to open a preliminary examination into the situation in South Africa and determine whether senior government officials, including President Cyril Ramaphosa, bear any responsibility for alleged failures to protect affected persons.
They also called on the Court to promote accountability, arguing that impunity could encourage further violence against foreign nationals.
Drawing historical comparisons, the petitioners referenced cases involving former leaders such as Uganda’s Idi Amin and Liberia’s Charles Taylor, who were held accountable for serious violations, insisting that the killing of Africans by fellow Africans should not be normalised.
They stressed that their petition is not directed against the people of South Africa, describing the country as a sister nation and a key player on the African continent.
Instead, they said the action seeks to promote justice, protect human dignity and uphold the African philosophy of Ubuntu.
“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.
The petitioners further appealed to the African Union (AU), ECOWAS and international human rights organisations to support efforts to address xenophobia across the continent.
They also expressed their readiness to provide additional evidence and cooperate with the ICC Prosecutor’s Office should any investigation be initiated.
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