Two Ghanaian nationals petitioned the International Criminal Court on July 15 to investigate alleged crimes against humanity following months of anti-migrant violence in South Africa that has displaced over 160,000 foreign nationals. South Africa’s foreign ministry dismissed the legal filing as opportunistic, maintaining that its judicial system remains steadfast in holding perpetrators accountable.
The ICC Petition and Pretoria’s Dismissal
The petitioners argue that systemic attacks on foreign nationals, accompanied by protests and violence, have resulted in fatalities and mass displacement while exposing state inaction.
“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.”
Palgrave Boakye-Danquah and Emmanuel Kotin, Petitioners via BBC
The petition alleges a pattern of widespread and systematic attacks
against migrants in South Africa, according to Africanews. Pretoria reacted swiftly to the legal challenge.
The South African foreign ministry described the filing as opportunistic. In statements reported by BBC, the ministry asserted that South Africa categorically reject[s] xenophobia, racism, homophobia, and intolerance and discrimination in all their manifestations
and remains steadfast in upholding the rule of law through its judicial system.
Diplomatic Fallout and Mass Departures
The unrest stems from months of anti-illegal migrant demonstrations driven by local groups demanding tighter border controls and mass deportations. Ahead of an unofficial June 30 deadline set by anti-migrant groups for undocumented foreigners to leave, tens of thousands fled. While the South African government records more than 53,000 deportations and voluntary repatriations, figures from migrants’ home governments cited by BBC indicate that more than 160,000 people have left the country over a two-month span.
The mass exodus has strained diplomatic ties across the continent. Ghana’s President John Mahama pressed for the African Union to address the escalation, stating during talks in Accra that authorities appeared unresponsive to the magnitude of the crisis. As reported by ModernGhana, African Union Commission chairperson Mahmoud Ali Youssouf acknowledged that the violence remains a significant concern, noting that harassment of African citizens continues despite prior ministerial pledges.
Tensions between Accra and Pretoria deepened following conflicting accounts over the death of a Ghanaian national. According to AOL, Ghana’s foreign ministry expressed profound shock over reports that 40-year-old tailor Bashiru Isak had been shot dead in Cape Town’s Khayelitsha township, prompting a formal protest note and police complaint. South African police stated they had no record of a Khayelitsha murder matching those details, instead investigating the separate killing of 35-year-old Ghanaian Kwabena Boagen in an extortion-linked incident in Nyanga. Foreign ministry official Clayson Monyela characterized claims linking the deaths to anti-migrant protests as a fabricated tale
.
Nationwide Protests and Arrests
On the ground, nationwide marches on Tuesday marked the expiration of anti-migrant movement deadlines. Police deployed reinforcements to five of the country’s nine provinces, dispatching soldiers to Johannesburg’s Hillbrow neighborhood to manage isolated looting and criminality.
Authorities arrested more than 900 people during the demonstrations, primarily for immigration violations, public violence, harboring illegal immigrants, and robbery.
Meanwhile, human rights organizations argue that public anger misdirects systemic socioeconomic pressures. Amnesty International South Africa noted that the country’s struggles with unemployment, inequality, and public services stem from the legacy of apartheid and institutional failures in the asylum system rather than refugees and asylum seekers. While President Cyril Ramaphosa has acknowledged public frustrations over migration, he has consistently condemned attacks against foreigners and urged citizens to avoid taking the law into their own hands.
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