Johannesburg, South Africa (Running Africa) — Two Ghanaian nationals have petitioned the International Criminal Court (ICC) to open a preliminary investigation into recurring xenophobic attacks in South Africa, arguing that the violence against foreign nationals could constitute crimes against humanity under international law.
The petition, submitted on 15 July, alleges a widespread and systematic campaign of violence targeting migrants, including killings, assaults, looting, intimidation and forced displacement.
Petition Alleges Failure to Protect Migrants
The applicants, Palgrave Boakye-Danquah and Emmanuel Kotin, contend that South African authorities have failed to adequately prevent, investigate and prosecute those responsible for repeated attacks on foreign nationals.
According to the petition, the alleged pattern of violence extends beyond isolated incidents and reflects a sustained campaign that has left many migrants living in fear.
The ICC has not publicly commented on the request, and it remains unclear whether prosecutors will proceed with a preliminary examination.
Xenophobic Violence Remains a Persistent Challenge
South Africa has experienced recurring waves of xenophobic violence for more than a decade, with migrants frequently targeted during periods of economic hardship and social unrest.
Foreign nationals have often been blamed for rising unemployment, crime and pressure on public services, despite studies showing that migrants account for only around 5% of South Africa’s population.
In recent months, anti-immigrant demonstrations have intensified in several communities, with reports of migrants being killed, assaulted and forced to abandon their homes, businesses and livelihoods.
Government Rejects Allegations
The South African government has rejected claims that it has failed to protect migrants, insisting that the country’s legal framework provides strong safeguards against discrimination, hate crimes and intolerance.
President Cyril Ramaphosa has repeatedly condemned xenophobic attacks, warning against blaming foreign nationals for South Africa’s socioeconomic challenges and calling for peaceful coexistence among all communities.
Government officials maintain that law enforcement agencies continue to investigate incidents of violence and hold perpetrators accountable under South African law.
International Attention on South Africa’s Human Rights Record
The petition places renewed international focus on South Africa’s handling of xenophobic violence and raises broader questions about accountability for attacks against migrant communities.
Should the ICC decide to examine the submission, prosecutors would first assess whether the allegations meet the legal threshold required for a preliminary investigation under the Rome Statute.
The case adds to growing international scrutiny of South Africa’s long-running struggle with xenophobia as rights groups continue to call for stronger protections for migrants and more decisive action against those responsible for violence targeting foreign nationals.
