Two Ghanaian nationals have petitioned the International Criminal Court (ICC) to open a preliminary investigation into attacks on foreign nationals in South Africa, asserting the violence could rise to the level of crimes against humanity. The filing, submitted to the court on July 15 and seen by Reuters, claims a "pattern of widespread and systematic attacks" directed at migrants and alleges state failure to prevent or punish those responsible, including for 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. In a press release accompanying the filing, they wrote: "For years, African brothers and sisters have been killed, beaten, and driven from their homes in South Africa."
The complaint comes amid a recent surge of anti-immigrant protests in South Africa that in some instances have turned violent. The petition cites incidents in which several African migrants have been killed, others physically assaulted, and both homes and shops belonging to foreign nationals looted. It also notes that tens of thousands of people have fled the country in the wake of the violence.
In their statement, the petitioners 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."
A spokesperson for South Africa's foreign affairs ministry, Chrispin Phiri, described the petition as opportunistic and pointed to South Africa's domestic 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 said.
Requests for comment to the office of President Cyril Ramaphosa were not immediately answered. The president has previously condemned attacks on foreign nationals and warned against scapegoating immigrants for entrenched social and economic problems.
The ICC, which has jurisdiction over war crimes and crimes against humanity, did not immediately respond to a request for comment about the petition. The filing asks the court to consider whether the reported incidents meet the threshold for preliminary investigation under the court's mandate.
Observers have noted that South Africa, despite periodic outbreaks of xenophobic violence, hosts a relatively small share of migrants by international standards, with migrants constituting roughly 5% of the population according to the information included in the petition and related reporting.
This development places legal and political scrutiny on both the reported incidents of violence and the effectiveness of domestic responses. The petitioners are seeking international attention to a pattern they describe as recurrent and harmful to foreign nationals living in South Africa.