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'Arresting Putin would be declaration of war', says Ramaphosa on ICC's warrant

Vladimir Putin has been invited to a BRICS summit in South Africa

South Africa's President Cyril Ramaphosa | Reuters

South African President Cyril Ramaphosa has said that any attempt to arrest Russian President Vladimir Putin when he visits South Africa would be a declaration of war against Russia. Putin has been invited to the BRICS summit in Johannesburg next month.

The President's stance was made clear in the affidavit submitted before a court. "Russia has made it clear that arresting its sitting president would be a declaration of war. It would be inconsistent with our constitution to risk engaging in war with Russia," the affidavit read. 

Ramaphosa said South Africa is one of several African nations holding talks with Russia and Ukraine aiming to end the war altogether and the attempt to arrest Putin would be counter-productive, adding that this would go against his duty to protect the country.

Ramphosa's statement comes amid the arrest warrant issued against Putin by the International Criminal Court (ICC), a provision that Pretoria as a member nation would be obligated to execute.  

However, South Africa has shown reluctance to do so as Ramphosa warns enacting the arrest could threaten the security, peace and order of the state. The affidavit was signed in June and made public on Tuesday.

As per the ICC treaty, a member country should consult the court when it faces issues that stop it from executing an arrest warrant. The ICC may not go ahead with requesting the arrest if it would require a state to break international rules on diplomatic immunity. South Africa had earlier too refused to arrest Sudan's then-President Omar al-Bashir against whom ICC had issued an arrest warrant in 2015. 

However, Ramaphosa is facing pressure from his opposition Democratic Alliance (DA), which is forcing authorities to carry out an arrest on Putin should he set foot in the country. Ramaphosa described the DA demand as "irresponsible" and said national security was at stake. 

DA leader John Steenhuisen said Ramaphosa’s argument that South Africa risked war with Russia was "farcical" and "flimsy". "When foreign policy decisions can decimate South Africa’s international reputation … and decimate our economy, it is crucial that government uphold its obligation to be open and transparent," Steenhuisen said in a statement.