Two Ghanaian nationals have petitioned the International Criminal Court (ICC) to launch a preliminary investigation into attacks on foreign nationals in South Africa, arguing that the violence may amount to crimes against humanity.
The petition, submitted to the ICC on 15 July and seen by Reuters, comes amid renewed anti-immigrant protests in South Africa that have, in some cases, turned violent. Protesters have accused migrants of contributing to challenges such as crime and unemployment.
The petition alleges a “pattern of widespread and systematic attacks” against migrants in South Africa and accuses the government of President Cyril Ramaphosa of failing to prevent, investigate, and punish the crimes, including cases of murder.
The filing was submitted by Palgrave Boakye-Danquah, a former Ghanaian government spokesperson on governance and security, and Emmanuel Kotin, a counter-terrorism and security analyst.
In a statement, the petitioners said African migrants had endured years of violence and persecution.
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“For years, African brothers and sisters have been killed, beaten, and driven from their homes in South Africa,” they said.
“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 African authorities have not yet publicly commented on the petition. A spokesperson for President Ramaphosa did not immediately respond to requests for comment, while the country’s Department of International Relations and Cooperation declined to comment.
The ICC, which investigates and prosecutes genocide, war crimes, and crimes against humanity, has also not responded publicly to the submission.
South Africa has experienced recurring outbreaks of xenophobic violence over the years. Several African migrants have been killed in attacks, while others have reported assaults, looting of businesses, and the destruction of property. Previous waves of violence have also forced thousands of migrants to flee affected communities.
Despite these incidents, migrants account for only about 5% of South Africa’s population, according to international estimates.
President Ramaphosa has previously condemned attacks on foreign nationals and warned against blaming immigrants for the country’s deep-rooted socio-economic challenges.
The ICC will now determine whether the petition provides sufficient grounds to consider opening a preliminary examination into the allegations.
