Two Ghanaian security and governance experts have formally petitioned the International Criminal Court (ICC) to investigate recurring xenophobic attacks in South Africa.
According to them, the violence against African migrants may amount to crimes against humanity under international law.
The petition was jointly submitted by Dr Palgrave Boakye-Danquah, a former Government Spokesperson on Governance and Security, and Emmanuel Kotin, a Counter-Terrorism and Security Analyst.
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The two petitioners are urging the ICC’s Office of the Prosecutor to commence a preliminary examination into repeated attacks that have resulted in the deaths, assaults, displacement and destruction of property belonging to foreign nationals, particularly African migrants living in South Africa.
Attacks on African migrants
According to the petition, xenophobic violence has persisted in South Africa for years, with African migrants repeatedly becoming targets of deadly attacks.
The petition states that although many South Africans have condemned the violence, the recurring nature of the attacks raises concerns about the effectiveness of state authorities in preventing, investigating and prosecuting those responsible.
“For years, our African brothers and sisters have been killed, beaten and driven from their homes in the name of xenophobia,” the petition states.
The petitioners argue that the pattern, scale and frequency of the attacks warrant international scrutiny.
Crimes against humanity
Citing Article 7 of the Rome Statute, the petition contends that widespread or systematic attacks directed against a civilian population could constitute crimes against humanity.
The petition therefore requests the ICC to launch a preliminary examination into the situation in South Africa.
In addition, the petition calls on the Court to question South African President Cyril Ramaphosa and other senior government officials to determine whether any command responsibility exists regarding the alleged failure to prevent or respond adequately to the attacks.
The petitioners also urged the ICC to ensure accountability to prevent further violence.
“We cannot allow the killing of Africans by Africans to be normalised,” the petition said.
The petition emphasises that the legal action is not an attack on the people of South Africa, describing the country as a valued sister nation and an important leader on the African continent.
Instead, the petition frames the appeal as a call for justice, protection of human dignity and adherence to the African philosophy of Ubuntu.
“We are Africans. The blood of a Nigerian, Ghanaian, Zimbabwean, Mozambican or Malawian killed in Johannesburg, KwaZulu-Natal, Eastern Cape or Western Cape is the blood of all of us,” the petition stated.
The petitioners also appealed to the African Union (AU), ECOWAS and international human rights organisations to support efforts to address xenophobic violence across the continent.
They said they stand ready to cooperate with the Office of the Prosecutor by providing additional evidence if required.
The petition comes amid renewed concerns over attacks targeting foreign nationals in parts of South Africa, with several African governments and civil society organisations continuing to call for stronger protection for migrants.