Exterior view of the International Criminal Court (ICC) in The Hague, Netherlands, Tuesday, Dec. 9, 2025. Image@ REUTERS
Two Ghanaian security analysts have asked the International Criminal Court (ICC) to investigate years of xenophobic attacks in South Africa, arguing that the violence against African migrants may amount to crimes against humanity under international law.
Dr. Palgrave Boakye-Danquah, a former Ghanaian government spokesperson on governance and security, and counter-terrorism analyst Emmanuel Kotin submitted the petition to the ICC’s Office of the Prosecutor on July 15. Reuters, which reviewed the filing, reported that it cites Article 7 of the Rome Statute and argues that the repeated attacks on foreign nationals represent a widespread and systematic pattern of violence. The petition urges the court to open a preliminary examination into whether senior South African officials, including President Cyril Ramaphosa, bear responsibility for failing to prevent the attacks.
The petition comes after months of anti-immigrant unrest in South Africa, where some demonstrators have blamed foreign nationals for rising crime and unemployment. The violence has left migrants dead or injured, while homes and businesses have been looted or destroyed. Thousands have also fled the country. According to the Xenowatch monitoring project, recorded xenophobic incidents rose from 58 in 2020 to 110 in 2022, dropped to 62 in 2023, and increased again to 83 in 2024.
“For years, African brothers and sisters have been killed, beaten, and driven from their homes in South Africa,” the petitioners said in a press release. They added that while many South Africans have condemned the attacks, the repeated nature and scale of the violence raise serious concerns about the state’s failure to prevent, investigate and punish those responsible.
The petition also points to historical cases involving Uganda’s Idi Amin and Liberia’s Charles Taylor as examples of leaders being held accountable for mass atrocities. At the same time, the authors stressed that their action is not directed against South Africans but is rooted in African solidarity.
“We are Africans. The blood of a Nigerian, Ghanaian, Zimbabwean, Mozambican, or Malawian killed in Johannesburg, KwaZulu-Natal, Eastern Cape or Western Cape is the blood of all of us,” the petition states. It invokes the Ubuntu philosophy of shared humanity, describes South Africa as a “sister nation,” and calls on the African Union, ECOWAS and international human rights organizations to support a coordinated continental response. The petitioners also pledged to cooperate fully with the ICC if an investigation moves forward.
South Africa rejected the petition, describing it as opportunistic. Foreign affairs ministry spokesperson Chrispin Phiri told Reuters that the country has a robust legal framework with safeguards and enforcement measures against discrimination and intolerance. A spokesperson for President Ramaphosa did not immediately respond to Reuters’ request for comment. Ramaphosa has previously condemned xenophobic attacks while warning against blaming immigrants for South Africa’s broader economic and social challenges. The ICC also declined immediate comment.
The filing follows the death of Ghanaian national Bashiru Isak, 40, who was killed during anti-immigrant violence in Cape Town’s Khayelitsha township on June 30. His death prompted Ghana’s Foreign Ministry to demand a full, transparent and swift investigation, along with the arrest of those responsible.
Ghana had already referred the issue to the African Union separately from the ICC petition. ECOWAS has since backed Ghana’s call for stronger continent-wide action against xenophobia, a move Foreign Affairs Minister Samuel Okudzeto Ablakwa announced during the ECOWAS Council of Ministers meeting in Sierra Leone.
The petition has also sparked debate. Some commentators argue that Ghana’s position is complicated by the fact that Ghanaians hold senior roles within South African institutions, including Edem Abotsi, the chief financial officer of the South African National Defence Force. They say this suggests the tensions extend beyond hostility directed specifically at Ghanaians.
Despite repeated outbreaks of violence, migrants account for only about 5% of South Africa’s population. Xenophobic attacks have erupted periodically for years, making the latest unrest part of a longer pattern rather than an isolated episode.
Whether the ICC acts on the petition remains unclear. The Office of the Prosecutor has broad discretion in deciding which cases warrant a preliminary examination, and any move toward a formal investigation could take months or even years.
By: Andrews Kwesi Yeboah