A decision by South Africa to withdraw from the International Criminal Court (ICC) because membership conflicted with diplomatic immunity laws has been ruled as unconstitutional by the country's High Court, today.

According to Ceoafrica, the ICC, which launched in July 2002 and has 124 member states, is the first legal body with permanent international jurisdiction to prosecute genocide, crimes against humanity and war crimes.

South Africa notified the United Nations of its intent to withdraw from the Rome Statute, the 1998 treaty establishing the Hague-based court, last October. The withdrawal would take this October.

High Court Judge, Phineas Mojapelo, today ordered the government to withdraw the notice to quit the ICC, according to a ruling broadcast on television.

"We have won in our application to have SA's withdrawal from the #ICC set aside", the opposition Democratic Alliance party, which challenged the withdrawal, said on its Twitter feed.

It remains unclear whether the government would appeal the court ruling, but the ICC has had to fight off allegations of pursuing a neo-colonial agenda in Africa, where most of its investigations have been based.

Three African states; South Africa, Gambia and Burundi last year signalled their intention to quit the ICC, but Gambia's President Adama Barrow, elected in December, said earlier this month that it will remain in the ICC.