Ghanaian nationals petition ICC to investigate xenophobic violence against migrants in South Africa

A group of Ghanaian nationals has formally requested that the International Criminal Court (ICC) open an investigation into what they describe as months of xenophobic violence targeting foreign migrants in South Africa. The petition, submitted in recent days, marks a notable escalation in efforts to draw international legal attention to the recurring cycle of attacks that have affected communities of African migrants across the country.

A formal request to The Hague

The complainants, who are reportedly Ghanaian citizens or of Ghanaian origin, have asked ICC prosecutors to examine whether the violence directed at migrant populations in South Africa meets the threshold of crimes against humanity under the Rome Statute. They argue that the scale, coordination, and recurring nature of the attacks warrant scrutiny by an international judicial body rather than being treated solely as a domestic law enforcement matter.

South Africa is a state party to the Rome Statute, the founding treaty of the ICC, which means the court has jurisdiction over alleged crimes committed on its territory. Petitioners of this kind are a recognised mechanism through which individuals and groups can bring information about alleged crimes to the attention of the Office of the Prosecutor, although such communications do not automatically result in an investigation.

A pattern of attacks on migrant communities

For several years, South Africa has experienced periodic waves of xenophobic violence, predominantly affecting migrants from other African countries. Attacks have often targeted foreign-owned shops, informal settlements, and individuals perceived as competitors for employment or housing. Communities from countries including Nigeria, Zimbabwe, Mozambique, and Ghana have reported being particularly affected.

Civil society organisations working with migrants have repeatedly called on the South African government to take stronger measures to prevent violence, prosecute perpetrators, and protect vulnerable communities. Critics argue that inflammatory rhetoric from some political figures and persistent socioeconomic inequality contribute to an environment in which foreigners can be scapegoated during periods of economic strain.

What the ICC process involves

When the ICC Office of the Prosecutor receives a communication, it conducts an initial assessment to determine whether the alleged crimes fall within the court’s jurisdiction, whether they are of sufficient gravity, and whether there are genuine national proceedings addressing the same conduct. Only after this preliminary examination does the prosecutor decide whether to seek authorisation from the court’s pre-trial chamber to open a formal investigation.

Past communications relating to xenophobic violence in South Africa have not led to ICC investigations, and observers note that the bar for international prosecution is exceptionally high. Nevertheless, petitioners often frame their submissions as much about drawing global attention to the plight of victims as about securing a specific legal outcome.

Broader regional context

The renewed call comes at a time of continued diplomatic sensitivity between South Africa and several of its African neighbours, some of which have previously organised repatriation flights for citizens who felt unsafe. Regional bodies, including the African Union, have long encouraged member states to address the root causes of xenophobia and to uphold the principles of free movement enshrined in continental frameworks.

Human rights groups say that without sustained political commitment, accountability measures, and community-level engagement, the conditions that enable such violence tend to resurface periodically, regardless of which government is in office.

The ICC has yet to publicly comment on the latest communication. South African authorities have, in previous instances of xenophobic unrest, rejected the characterisation of events as ethnically driven, instead framing them as criminal acts committed by individuals. The coming weeks are likely to determine whether the petition gains traction in The Hague or remains a symbolic gesture by a community seeking recognition and redress.

Source: FRANCE 24 — read the original report.