Burundi first country to withdraw from the International Criminal Court

Burundi has become the first State to withdraw from the Rome Statute that created the International Criminal Court (ICC).

On October 27, 2016, Burundi presented its letter of intent to the immediate past Secretary General of the United Nations Ban Ki-moon to begin the one-year withdrawal process.

This follows the court’s decision to initiate an investigation into possible war crimes violations related to the violence in 2015 when President Pierre Nkurunziza announced that he was seeking a third term.

However, Burundi’s withdrawal doesn’t affect the preliminary examination of the country’s situation already underway by the court’s prosecutor, ICC spokesman Fadi El Abdallah.

“Article 127 states that withdrawal does not affect the jurisdiction of the ICC over the the crimes that have been committed while the state was a state party,” he said.

The preliminary examination involves alleged crimes under the ICC’s jurisdiction committed in Burundi since April 2015.

“At the time more than 430 persons had reportedly been killed, at least 3,400 people arrested and over 230,000 Burundians forced to seek refuge in neighbouring countries. The preliminary examination focuses on acts of killing, imprisonment, torture, rape and other forms of sexual violence, as well as cases of enforced disappearances that have been allegedly committed since April 2015 in Burundi,” as per the ICC website.

The Rome Statute establishes a permanent International Criminal Court (ICC) to investigate and
prosecute the crime of aggression, war crimes, crimes against humanity and Genocide. The 4
core crimes are considered egregious in nature and threaten the peace, security and well-being of the world. These crimes are therefore of concern to the international community as a whole.

According to Article 86 and 88 of the Rome Statute, states are required to ensure that there are sufficient domestic procedures in place to effect their obligation to cooperate with the ICC.

The ICC acts as a buttress to the power of national jurisdictions for ensuring accountability for international crimes, rather than serving as a replacement. The Rome Statute emphasizes that the work of the ICC “shall be complementary to national criminal jurisdictions.”

The Rome Statute of the ICC entered into force on 1 July 2002 and has 124 States Parties to date. With its withdrawal, it leaves 124 states.

The court has 122 member countries, 34 are African, the largest continental bloc.

Burundi deposited its instrument of ratification to the Rome Statute on 21 September 2004.

South Africa and Kenya have also in the past issued threats to quit from the Rome Statute.