Keypoints:
- Two Ghanaians submitted the ICC petition
- Pretoria dismisses the filing as opportunistic
- The ICC has not opened an investigation
SOUTH Africa faces growing international scrutiny after two Ghanaian nationals petitioned the International Criminal Court to examine whether repeated attacks against foreign migrants could constitute crimes against humanity.
The submission does not mean the ICC has opened an investigation, accepted the allegations or brought charges against President Cyril Ramaphosa’s government. Its significance lies in pushing South Africa’s long-running xenophobia crisis into the international criminal justice arena.
Petition alleges systematic attacks
Palgrave Boakye-Danquah, a former Ghanaian government spokesperson on governance and security, and Emmanuel Kotin, a counter-terrorism and security analyst, submitted the petition on July 15, 2026.
The document alleges a ‘pattern of widespread and systematic attacks’ against migrants and accuses South African authorities of failing to prevent, investigate or punish offences including murder.
The petitioners said African nationals had for years been killed, assaulted, driven from their homes and deprived of businesses during outbreaks of anti-foreigner violence.
‘The pattern, scale and recurrence of the violence raise serious questions about the failure of state authorities to prevent, investigate and punish these crimes,’ they said in a statement.
The filing follows months of anti-immigrant protests driven by claims that foreign nationals are responsible for unemployment, crime and pressure on public services. Several migrants have been killed, while others have been beaten or had their homes and shops looted.
The tensions have already triggered diplomatic interventions, Ghana’s decision to summon South Africa’s envoy over the treatment of its nationals.
ICC case has not been opened
The legal distinction is critical. Submitting information to the ICC Prosecutor does not automatically create a preliminary examination, formal investigation or criminal prosecution.
Under Article 15 of the Rome Statute, individuals, governments and organisations may submit information concerning alleged crimes within the court’s jurisdiction.
The Office of the Prosecutor must assess the seriousness and credibility of the information and determine whether the alleged conduct could fall within the ICC’s jurisdiction. Anyone may submit such information, but the court independently decides whether further action is justified.
The petitioners’ use of the term ‘crimes against humanity’ must therefore remain clearly attributed to them.
The ICC would need to establish that alleged crimes formed part of a widespread or systematic attack directed against a civilian population. Prosecutors would also consider whether South Africa’s courts and law-enforcement institutions were genuinely investigating and prosecuting relevant offences.
This principle, known as complementarity, means the ICC is intended to act as a court of last resort rather than replace functioning national judicial systems.
Pretoria rejects petition
South Africa’s Department of International Relations and Cooperation described the filing as ‘opportunistic’.
Department spokesperson Chrispin Phiri told Reuters that South Africa had a sophisticated domestic legal framework providing safeguards and enforcement measures against discrimination and intolerance.
Ramaphosa’s spokesperson did not immediately respond to the allegations, while the ICC had also not commented.
Ramaphosa has repeatedly condemned violence against migrants and warned South Africans against blaming foreign nationals for deep-rooted problems such as unemployment, inequality, crime and weak public services.
As Africa Briefing previously reported, the president has argued that immigration enforcement remains the responsibility of authorised state institutions and not vigilante groups.
His government has simultaneously introduced tougher immigration and border-control measures, reflecting the difficult balance between responding to public concerns and preventing hostility towards migrants.
Diplomatic pressure widens
The ICC petition represents another escalation in an increasingly serious dispute between South Africa and other African governments.
Ghana has asked the African Union to debate attacks on African nationals, describing the matter as an issue of continental importance. Pretoria confirmed in May that it had engaged Ghanaian and Nigerian officials and reaffirmed its commitment to protect foreign residents and visitors.
Accra’s campaign for stronger continental action was detailed in Africa Briefing’s report on Ghana’s appeal to the AU.
The crisis has also prompted evacuations. Ghana began voluntarily repatriating citizens, while Nigeria completed the return of 1,490 nationals following the violence.
South Africa has experienced periodic xenophobic attacks for years despite migrants accounting for roughly five percent of the population, a relatively low proportion by international standards.
What happens next?
The ICC Prosecutor may assess the information, seek further evidence, conclude that the allegations fall outside the court’s jurisdiction or decide that no additional action is warranted.
Any progression towards a formal investigation would require a substantially more detailed legal and evidentiary process.
The petition is nevertheless politically significant. It places additional pressure on Pretoria to demonstrate that attacks against migrants are being prevented, investigated and prosecuted effectively.
It also raises a wider question for the continent: whether African governments and regional institutions can protect cross-border migrants without allowing economic frustration and political rhetoric to deepen hostility between African communities.
For now, the filing should be understood as a request for ICC scrutiny—not evidence that South Africa, Ramaphosa or any government official is facing prosecution.
