South Africa's formal application to withdraw from the Rome Statute could be the first of similar actions by other African countries.

The country’s Minister of International Relations and Co-operation Maite Nkoana-Mashabane, wrote to the United Nations on October 19, starting the process of withdrawal which will take a year.

The country says its obligations with respect to the peaceful resolution of conflicts are at times incompatible with the interpretation given by the International Criminal Court (ICC).

The ruling African National Congress (ANC) had last year passed a motion in parliament to withdraw from the Rome Statute after the judges at the ICC asked Pretoria to explain why the authorities failed to arrest indicted Sudanese President Omar Hassan al-Bashir when he attended the African Union Summit in June 2015.

At the time, South Africa had, in defiance of a ruling by a court ordering his detention under a warrant from ICC, allowed President al-Bashir to fly home. President Bashir is wanted by the ICC over atrocities in Darfur.

South Africa becomes the first African country to make good on threats to pull out of the Rome Statute after accusing the ICC of targeting African leaders.

The African Union Heads of State Summit had in 2013 threatened to withdraw en mass from ICC if cases against Kenya’s President Uhuru Kenyatta, Deputy President William Ruto, and President al-Bashir were not suspended.

However, according to the rules governing the Rome Statute, member states can only withdraw on individual basis.

So far, Burundi’s parliament has passed a motion to withdraw from the Rome Statute.

READ: Burundi lawmakers vote to withdraw from ICC

ALSO READ: More African countries will leave the ICC, Burundi envoy says

African court

African leaders had resolved to strengthen the jurisdiction of the Arusha-based African Court of Human and Peoples’ Rights (ACHPR) to handle international crimes instead of the ICC.

However, only 30 countries out of 55 have ratified the ACHPR Protocol since its establishment in January 2004. Out of the 30, only eight have deposited the declaration required for the Court to have jurisdiction to handle cases from the countries, while Rwanda has sent a notice to withdraw its declaration.

Out of the 124 countries that are States Parties to the Rome Statute that created ICC, Africa makes the majority with 34 members. Others are Asia-Pacific States with 19, Eastern Europe (18), Latin American and Caribbean States (28), and 25 from Western European and other States.

The ICC judges had asked South Africa to explain by October last year why it failed to arrest President al-Bashir. Where a member of the ICC fails to co-operate, the tribunal may refer the matter to either the Assembly of States Parties, the ICC’s governing body, or the UN Security Council, which established the court and has the power to impose sanctions.