Written by: Badr Ahmed

Two Ghanaian citizens have submitted a petition to the Prosecutor of the International Criminal Court, demanding an investigation into the repeated waves of violence targeting migrants and foreigners in South Africa in recent years, arguing that these attacks may amount to crimes against humanity according to the Rome Statute.

The petition, submitted on July 15, came from former Ghanaian government spokesman Balgrave Boakye Dankwah and security analyst Emmanuel Kutin, who stressed that its aim was to seek legal accountability after years of violence against African migrants in South Africa.

Two Ghanaians are knocking on the door of the International Criminal Court against South Africa.

Kotten told the Associated Press that the initiative was a private effort and did not have official support from the Ghanaian government, explaining that the petitioners were simply asking the International Criminal Court to investigate these allegations, given the continued occurrence of attacks against foreigners without sufficient accountability for those responsible.

The petition alleges that between 2015 and 2026, South Africa witnessed widespread and systematic attacks against African migrants, including killings, physical assaults, looting of property, and forced displacement, noting that the authorities did not take effective measures to prevent the violence or prosecute the perpetrators in a deterrent manner.

Over the past two decades, South Africa has experienced repeated waves of xenophobic violence, with some protesters blaming immigrants for high rates of unemployment, crime, and strain on public services. This has led on several occasions to protests and riots targeting immigrant shops and residences, resulting in deaths and injuries.

These events also prompted African countries, including Nigeria, Ghana and Malawi, to organize operations to evacuate their citizens from South Africa, in addition to taking diplomatic steps that included recalling their diplomatic representatives for consultations.

The International Criminal Court confirmed to the Associated Press that it had received the notification, explaining that the Rome Statute allows individuals and organizations to submit information about possible crimes to the Office of the Prosecutor, which assesses whether the facts meet the legal requirements for opening an investigation.

However, submitting a report does not automatically mean the start of a formal investigation, as the public prosecutor must study the information provided and assess the court’s jurisdiction and the availability of a reasonable legal basis to proceed with the proceedings. It should be noted that the court receives a large number of reports annually, and only a limited number of them proceed to the formal investigation stage.