Ghana Petitions ICC to Probe Alleged Systematic Violence Against Foreign Migrants in South

Palgrave Boakye-Danquah and Emmanuel Kotin filed a formal petition with the International Criminal Court on 15 July, requesting a preliminary examination into what they describe as a systematic pattern of attacks against foreign migrants in South Africa. The two Ghanaian nationals, a former government spokesperson on governance and security and a counter-terrorism analyst respectively, argue that the violence meets the threshold for crimes against humanity under Article 7 of the Rome Statute. Their complaint alleges that South African state authorities have failed to prevent, investigate or punish the attacks.

The accountability question sits at the heart of the submission. “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,” the petitioners said. The filing places the burden squarely on institutions, asking the ICC to assess whether South Africa’s domestic legal mechanisms have been adequate.

Additional reference context is available at https://www.rfi.fr/en/africa/20260724-ghanaians-ask-icc-to-investigate-xenophobic-violence-in-south-africa.

Ghana’s President John Mahama has simultaneously escalated diplomatic pressure at the continental level. On Thursday, Mahama reiterated his call for the African Union to act, warning that “sweeping the matter under the carpet will not resolve the root causes.” He confirmed he had secured a commitment to place the issue on the agenda of the next AU summit, a move that would bring formal multilateral oversight to bear on the crisis.

The scale of displacement underlines the urgency. More than 160,000 foreign nationals have left South Africa over the past two months, according to an AFP tally based on figures from repatriating governments. Zimbabwe reported 108,366 of its nationals had returned home as of 18 July. Malawi announced more than 46,890 citizens had returned since early June, with its government deploying 699 buses for the journey; six people died in transit. Nigeria reported two of its nationals killed in the attacks. Ghana confirmed one citizen died in a Cape Town township during anti-immigrant demonstrations.

The unrest followed xenophobic groups setting a 30 June deadline for undocumented migrants to leave, triggering desperate rushes to consulates and community halls. Protesters blamed migrants for unemployment and crime, leading to killings, beatings, and the looting of homes and shops. Nationals from Zimbabwe, Malawi, Ghana, Kenya, Lesotho, Mozambique, Nigeria and Uganda are among those who have fled.

South Africa’s government has pushed back. Foreign affairs ministry spokesperson Chrispin Phiri told Reuters the petition was opportunistic. “South Africa has a sophisticated domestic legal framework and legislation provides comprehensive safeguards and enforcement measures against discrimination of any kind, including intolerance on the grounds of social origin,” Phiri said. President Cyril Ramaphosa has previously condemned the attacks and cautioned against scapegoating immigrants for structural economic problems. The government’s position, in effect, is that domestic institutions are capable of handling accountability without ICC intervention.

The ICC has confirmed receipt of the petition but has not publicly indicated whether it will open a preliminary examination. That decision carries considerable institutional weight. The court’s preliminary examination phase will determine not only whether the alleged crimes warrant a full investigation, but also whether South Africa’s domestic legal system can credibly address the allegations independently. If the court concludes that domestic mechanisms are functioning adequately, it may decline to proceed. If it finds otherwise, the case would mark a significant exercise of international oversight over a member state’s internal law enforcement record.

The violence itself reflects a longstanding structural tension. South Africa, as the continent’s wealthiest nation, has long attracted documented and undocumented African workers, and periodic outbreaks of xenophobic violence have recurred throughout its post-apartheid history. What distinguishes the current episode is the scale of the exodus and the decision by two private citizens to invoke international criminal law as a remedy where domestic accountability has, in their assessment, fallen short.

Whether the ICC’s prosecutor agrees with that assessment remains the central open question.