Burundi envoy says more countries will exit ICC

The International Criminal Court's building (ICC) in The Hague, Netherlands. Burundi could thus become the first country in the world to withdraw from the 14-year-old court. PHOTO | FILE

What you need to know:

  • He said African disgruntlement with the court stems from the ICC's nearly-exclusive focus on the continent in cases related to genocide and war crimes.

Burundi's pending decision to withdraw from the International Criminal Court (ICC) likely heralds similar action by other African countries, the Burundian ambassador to the United States said on Thursday.

“African countries will quit the ICC one by one in the coming months and years,” Ambassador Ernest Ndabashinze said.

While declining to comment specifically on threats by some Kenyan leaders to withdraw the country from ICC jurisdiction, the envoy cited a sentiment echoed by some African leaders regarding the court.

“Many African governments now view the court as an instrument used to control, manipulate and impose foreign decisions on Africa,” Mr Ndabashinze said in a telephone interview with the Nation.

He pointed to the African Union's call earlier this year for formulation of a strategy for withdrawal from the ICC.

He said African disgruntlement with the court stems primarily from the ICC's nearly-exclusive focus on countries in the continent in cases related to genocide and war crimes.

However, some African governments have themselves been the source of requests for ICC action, as is the case of six of the nine investigations initiated in the continent.

In addition, some African countries like Botswana have said they have no intention of withdrawing from the ICC.

"Destabilising Burundi"

Burundi's Parliament voted decisively earlier this week to pull the country out of the ICC. That step awaits ratification by President Pierre Nkurunziza, but Ambassador Ndabashinze said that the move is final and irreversible.

Burundi would thus become the first country in the world to withdraw from the 14-year-old court.

“The ICC is part of a process that is dividing Burundians,” Mr Ndabashinze claimed.

He claimed government opponents allegedly involved in an unsuccessful coup attempt last year are using the ICC to protect themselves.

“Others outside Africa are also involved in this process of destabilising Burundi,” the envoy added.

ICC Chief Prosecutor Fatou Bensouda announced in April that the court would open an investigation into reports of “killing, imprisonment, torture, rape and other forms of sexual violence, as well as cases of enforced disappearances.”

Rome statute

The United Nations says that more than 500 Burundians have died in political violence arising from President Nkurunziza's decision last year to seek a third term in office, which he went on to win.

Nearly 300,000 Burundians have fled the country amidst fears that the unrest could lead to mass killings.

Withdrawing from the ICC cannot occur instantaneously under the terms of the Rome Statute that established the court.

A country must first submit an official letter to the UN secretary general stating its intention to opt out of the Rome Statute.

The necessary letter triggering Burundi's pull out from the ICC had not been received as of Wednesday, a UN spokesman said.

Set up in 2002, the Rome Statute gives the ICC power to move ahead with criminal investigations that were initiated prior to the effective date of withdrawal.

In his comments on Thursday, Mr Ndabashinze brushed off a US warning this week that withdrawal from the ICC would “isolate Burundi from its neighbours and the international community at a time accountability, transparency, and engaged dialogue are most needed.”

The United States is not itself a member of the ICC and cannot criticise Burundi's move, the envoy stated.

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