South Africa’s foreign minister has granted diplomatic immunity to foreign officials attending the Brics summit in August and a meeting for Brics foreign ministers this coming week.
The Brics alliance represents some of the world’s leading emerging economies, including Russia, China, Brazil and India.
Local media has said this could potentially open the door for Vladimir Putin to attend the August gathering in South Africa.
The International Criminal Court (ICC) issued an arrest warrant in March for the Russian president for alleged war crimes in Ukraine.
As a signatory to the ICC’s Rome Statute, South Africa is expected to enforce the warrant and arrest Mr Putin.
But Clayson Monyela, South Africa’s spokesperson for the Department of International Relations and Co-operation, tweeted that such immunities were standard when a country hosted an international conference or summit.
“The immunities DO NOT override any warrant issued by any international tribunal (like the ICC) against any attendee,” he said.
South Africa previously failed to act on its legal obligation to the ICC when in 2015 Sudan’s then-leader Omar al-Bashir visited during Jacob Zuma’s presidency, but was not arrested.
On Monday, the South Africa military said it would not arrest Mr Putin if he attended the Brics summit, as it did not have the power to enforce the arrest.
South African National Defence Force chief Rudzani Maphwanywa, while acknowledging the ICC’s warrant, said that the army operates within the framework of international law and respects diplomatic immunities.