Two Ghanaian nationals have petitioned the International Criminal Court to open a preliminary investigation into attacks on foreign nationals in South Africa during the 2026 immigration crisis, arguing the attacks could constitute crimes against humanity. Image: Supplied
Two Ghanaian nationals have asked the International Criminal Court to open a preliminary investigation into attacks against foreign nationals in South Africa. The Ghanaian nationals ICC petition was submitted on Tuesday 22 July 2026. Furthermore, the petitioners argue the attacks could be crimes against humanity under the Rome Statute. As a result, South Africa now faces the prospect of an international criminal court inquiry into the 2026 immigration crisis.
What the Ghanaian Nationals ICC Petition Says
The petitioners are Nana Kwame Adjei and Samuel Asante. They sent the petition to the ICC prosecutor’s office in The Hague. They argue that attacks on foreign nationals between April and July 2026 were widespread and targeted people based on nationality and immigration status. Furthermore, they argue the South African government failed to protect foreign nationals despite knowing the threat existed. As a result, they say the state bears responsibility both for what private individuals did and for failing to stop it.
The petition names specific incidents. It cites the Mossel Bay violence in May 2026 in which two Mozambican nationals died. It also references the displacement of thousands of Malawian, Zimbabwean, Ghanaian and Nigerian nationals from their homes. Furthermore, it names the March and March Movement and ActionSA as groups whose public statements helped create an environment where attacks on foreign nationals were predictable. As a result, the petition links political speech directly to the harm foreign nationals suffered.
Does the ICC Have Grounds to Act
The ICC can only act when a state is unwilling or unable to investigate and prosecute serious crimes itself. South Africa signed the Rome Statute. The petitioners argue South Africa has not adequately investigated or prosecuted those who attacked foreign nationals. Furthermore, they say the government’s own public statements added to the hostile climate rather than reducing it. As a result, they believe the ICC can step in.
South Africa had not formally responded to the petition at the time of publication. However, the government has consistently said it does not accept xenophobia and that police protected foreign nationals during the protests. President Cyril Ramaphosa condemned violence against foreign nationals on 7 June 2026. Furthermore, NatJoints made 195 arrests for anti-immigrant violence between March and June 2026. As a result, the government is likely to argue it acted, which would weaken the ICC admissibility case.
Ghana Has Been Pushing Back Since June
Ghana has been one of the most vocal African countries on the treatment of its nationals in South Africa. The Ghanaian government chartered evacuation flights and petitioned the African Union. It also said it was considering legal action against South Africa. Furthermore, the Ghanaian High Commission processed hundreds of citizens for repatriation in June 2026. As a result, this ICC petition is part of a pattern of Ghana using every available channel to respond.
What Happens Next With the Ghanaian Nationals ICC Petition
This petition is the most dramatic legal step in the international response to South Africa’s 2026 immigration crisis. Whether the ICC prosecutor opens a preliminary examination is uncertain. The prosecutor can decline petitions that do not meet the required threshold. Furthermore, crimes against humanity require proof of a widespread or systematic attack against a civilian population. That is a high bar to meet. As a result, legal experts disagree on whether the South Africa situation qualifies.
For more on the International Criminal Court visit icc-cpi.int.
Editors Note The ICC petition was submitted on 22 July 2026. The ICC prosecutor had not confirmed receipt or indicated any intention to open a preliminary examination at the time of publication. South Africa has not been charged with any crime. All allegations of crimes against humanity are those of the petitioners and have not been tested or accepted by any court. Mzansi Today Live will update this article as further information becomes available.