ICC confirms receipt of petition seeking probe into xenophobic attacks in South Africa
The Secretariat of the International Court of Justice (ICC) has confirmed receiving a petition from two Ghanaians requesting a preliminary examination into recurring xenophobic attacks and alleged crimes against humanity in South Africa.
The communication, submitted to the Office of the Prosecutor on July 15, 2026, has been assigned Submission ID #85af1b23-2bb1-481c-ac64-5cb02c7c3524. It was filed by former Government Spokesperson on Governance and Security, Dr Palgrave Boakye-Danquah, and counter-terrorism and security analyst Emmanuel Kotin of the Africa Centre for Security and Counter Terrorism.
In the petition, the two Ghanaians urge the ICC Prosecutor to commence a preliminary examination into what they describe as a pattern of widespread and systematic xenophobic attacks against foreign nationals, particularly African migrants, in South Africa between 2015 and 2026.
According to the petition, the attacks have allegedly resulted in unlawful killings, widespread destruction of property, looting, forced displacement, physical assaults, torture, and other inhumane treatment. It also cites hate speech and incitement as contributing factors to the violence.
The petitioners argue that despite repeated outbreaks of xenophobic violence over the years, South African authorities have failed to adequately prevent the attacks, protect victims, investigate offenders, and prosecute those responsible, creating what they describe as a climate of impunity.
They contend that the alleged acts may constitute crimes against humanity under Article 7 of the Rome Statute, including murder, deportation or forcible transfer of populations, and other inhumane acts intentionally causing great suffering.
The petition also invokes Article 28 of the Rome Statute, which deals with command responsibility, alleging that senior state officials, including South African President Cyril Ramaphosa, failed to exercise effective control over state security forces to prevent or punish the alleged crimes.
Among their requests, Dr Boakye-Danquah and Mr Kotin are asking the Office of the Prosecutor to commence a preliminary examination into the situation, summon and question President Ramaphosa and other relevant state officials to determine whether they bear any command responsibility, and open a formal investigation if there is a reasonable basis to believe crimes within the Court’s jurisdiction have been committed.
The petition argues that South Africa, having ratified the Rome Statute in November 2000, falls within the ICC’s jurisdiction. It further claims that domestic proceedings have been insufficient to address the recurring pattern of xenophobic violence, making the matter admissible before the Court.
In their conclusion, the petitioners state that South Africa remains a beacon of democracy in Africa but argue that continued attacks on fellow Africans undermine the principles of Ubuntu and Pan-Africanism. They maintain that their petition is intended to promote justice, accountability, and the protection of human dignity rather than hostility towards South Africa.
The ICC Secretariat’s confirmation of receipt does not mean the Court has opened an investigation or made any findings on the allegations. The Office of the Prosecutor will first assess the communication to determine whether it meets the leg
