Two Ghanaian nationals have petitioned the International Criminal Court (ICC) to open a preliminary investigation into attacks against foreign nationals in South Africa, which they said could constitute crimes against humanity.
The petition, filed on July 15 and seen by Reuters, alleges a "pattern of widespread and systematic attacks" against migrants in South Africa and accuses President Cyril Ramaphosa's government of failing to prevent or punish those crimes, including murder.
The petitioners are Palgrave Boakye-Danquah, a former Ghanaian government spokesperson on governance and security, and Emmanuel Kotin, a counter-terrorism and security analyst.
"For years, African brothers and sisters have been killed, beaten, and driven from their homes in South Africa," they said in a press release. "While we commend individuals in South Africa who have condemned these acts, the pattern, scale, and recurrence of the violence raise serious questions about the failure of state authorities to prevent, investigate, and punish these crimes".
South Africa has been gripped by a surge in anti-immigrant protests in recent months, accompanied in some cases by violence against foreigners, whom protesters blame for problems such as crime and unemployment. Several African migrants have been killed in the violence, while others have been beaten and have seen their homes and shops looted. Tens of thousands have fled the country.
A spokesperson for South Africa's foreign affairs ministry, Chrispin Phiri, described the petition as "opportunistic" and defended the country's legal framework. "South Africa has a sophisticated domestic legal framework and legislation provides comprehensive safeguards and enforcement measures against discrimination of any kind, including intolerance on the grounds of social origin," Phiri told Reuters.
The ICC, which prosecutes war crimes and crimes against humanity, has not yet responded to the petition. South Africa has experienced periodic outbreaks of xenophobic violence for years, even though the number of migrants it hosts—roughly 5 per cent of the population—is low by international standards.
