South Africa's Ministry of Foreign Affairs has granted diplomatic immunity to participants in the summit of the BRICS countries (Brazil, Russia, India, China and South Africa) under a corresponding national law. This would also apply to Vladimir Putin if he were to travel to the conference in Johannesburg in August. South Africa has found itself in a predicament due to the arrest warrant issued by the International Criminal Court (ICC) against the Russian president. As a state party to the treaty, the host of the summit would in principle be obliged to make an arrest. However, such a move is considered highly unlikely.
Claudia Bröll
Political correspondent for Africa based in Cape Town.
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Currently, the government is looking for legal solutions, while the main opposition party has asked the court for an opinion on whether the government is obliged to arrest under both the Rome Statute of the ICC and a national law. A spokesman for the South African Ministry of Foreign Affairs called the extension of diplomatic immunity "routine" before any international conference. It applies to envoys of the United Nations, other organizations and representatives of all states.
According to experts from the Eurasia Group analysis institute, the immunities do not override the arrest warrant. The extension of diplomatic immunity to all delegates also does not relieve South Africa of its international and domestic legal obligations.
South Africa, the smallest member of the BRICS, continues to emphasize its "neutrality" in the Ukraine war. Among other things, however, a joint naval exercise with China and Russia has strained relations with Western states. The American ambassador, who accused South Africa of supplying weapons to Russia, caused further international attention. An investigative body is now to clarify what cargo a Russian ship had unloaded at a naval base in December and taken on board. The accusation has triggered a diplomatic crisis and contributed to the crash of the national currency, the rand.
On Thursday and Friday, a meeting of BRICS foreign ministers will be held in Cape Town in preparation for the summit. The participation of Russian Foreign Minister Sergei Lavrov has been confirmed. It is still unclear whether Putin will accept the invitation to the summit.