ICC to probe President Zuma, Zulu King over xenophobic attacks

The International Criminal Court has decided to probe the xenophobic attacks against Nigerians and other African citizens in South Africa, following a petition from Socio-Economic Rights and Accountability Project (SERAP).

This development was disclosed in a statement on Tuesday by SERAP executive director Adetokunbo Mumuni.

SERAP had in a petition, dated 23 April 2015 and sent to the Court requested the Prosecutor, Fatou Bensouda, to use her “good offices and position to investigate allegations of hate speech by the Zulu King Goodwill Zwelithini, which has resulted in killing, violence and discrimination against Nigerians and other African citizens living in South Africa, as well as the complicity/negligence of the country’s law enforcement agencies to prevent these crimes against civilian population.”

In response, the ICC in a letter dated 28 April 2015, and signed by M.P. Dillon, Head of Information & Evidence Unit of the Office of the Prosecutor said, “The Office of the Prosecutor of the International Criminal Court acknowledges receipt of your documents. This communication has been duly entered in the Communications Register of the Office. We will give consideration to this communication, as appropriate, in accordance with the provisions of the Rome Statute of the International Criminal Court. As soon as a decision is reached, we will inform you, in writing, and provide you with reasons for this decision.”

The organisation in its petition had urged Bensouda to “bring to justice anyone who is responsible for these international crimes prohibited under the Rome Statute of the International Criminal Court.”

SERAP also said that it “considers the use of speech by the Zulu King to promote hatred and/or incite violence against non-nationals such as Nigerians, particularly in the media as a clear violation of the provisions of the Rome Statute of International Criminal Court.

“Grave statements by political leaders/prominent people that express discrimination and cause violence against non-nationals cannot be justified under any law. This hate speech generated fear and hatred that created the conditions for violence and discrimination against Nigerians and other African citizens. SERAP believes that this has given rise to individual criminal responsibility under the Rome Statute of the International Criminal Court,” the organisation said.

The organisation also said that, “The statement by the Zulu King has contributed to a climate of fear, demonization and dehumanization of Nigerians and other African citizens, thus violating their human dignity through humiliation and expulsion from the human community. SERAP is seriously concerned that hate speech by the Zulu King amounts to crime against humanity of persecution and has directly contributed to an infringement of the right to life, equality and non-discrimination of Nigerians and other African citizens.”

“SERAP considers the statement by the Zulu King and the apparent complicity/negligence by the country’s law enforcement agencies to prevent the violence and discrimination as amounting to active encouragement of South African citizens to develop feelings of contempt for Nigerians and other African citizens.

The Zulu King has since denied making the hate speech. He has called for calm in areas affected by the xenophobic attacks.

More than 7 people have been killed in the latest wave of attack on Foreigners in South Africa.

However, there have been no deaths of Nigerians.