Hugging the Crocodile: South Africa’s (RSA’s) tense relationship with the International Criminal Court (ICC)

Abstract

This qualitative research delves into the Republic of South Africa's (RSA) foreign policy framework concerning its involvement in the International Criminal Court (ICC), focusing on the cases of Uhuru Kenyatta and Omar al-Bashir. Rooted in the constructivist paradigm, from Sikkink and Finnemore's (1998) theoretical framework, the study examines the interplay of RSA’s domestic political considerations, regional dynamics, international pressures, and legal and political considerations, and domestic intricacies that have shaped RSA’s dynamic position vis-à-vis the ICC. The research scrutinises RSA’s initial compliance with and advocacy for the ICC trial, utilising the context of the Uhuru Kenyatta case. It conducts an analysis of the roles played by norm entrepreneurs, civil society actors, and the intricate domestic sociopolitical landscape. The study, equally, engages in a thorough exploration of diplomatic missions and negotiations, critically assessing their effectiveness and influence on RSA’s foreign policy paradigm. Moreover, the research assesses broader regional dynamics, with an acute focus on the African Union (AU) and its pivotal role in guiding (RSA’s) strategic decision-making processes. On the contrary, the inquiry into the Omar al-Bashir case ventures into RSA’s intricate web of domestic political considerations, regional dynamics, international pressures, and legal and political variables. This discussion aims to identify similarities and differences between the cases, shedding light on their implications for the fluctuating relationship between South Africa and the ICC. This research study enriches the academic dialogue by conducting a comprehensive qualitative analysis of (RSA’s) engagements with the ICC. Meticulously examining (RSA’s) diplomatic evolution within the ICC framework, the study offers valuable insights into the dynamics that have influenced its foreign policy development over time. By addressing existing literature gaps, this research contributes to a more nuanced understanding of the factors shaping South Africa’s evolving relationship with the ICC.