The full bench of the High Court declared the decision made by Cabinet to withdraw from the ICC and the notice of withdrawal from the ICC sent to the United Nations Secretary General as unconstitutional and invalid. It ordered the Minister of International Relations and Cooperation, the Minister of Justice and Correctional Services, and the President to revoke the notice of withdrawal.

Professor Frans Viljoen, Director of the CHR, welcomed the decision, saying, “The judgment firmly underscores how important it is that the South African Government consistently act[s] with due regard to the demands of the Constitution, both on the domestic and the international planes.” Prof. Viljoen added that in giving effect to the letter and spirit of the High Court’s judgment, “a broad consultative process should be followed before Parliament considers the possibility of withdrawal from the ICC”.