Burundian envoy to US predicts African countries will leave ICC
Members of Burundi's lower house of parliament raise their arms to vote on October 12, 2016 in Bujumbura to withdraw from the International Criminal Court. AFP PHOTO
What you need to know:
- The United States is not itself a member of the ICC and cannot criticise Burundi's move.
- Withdrawing from the ICC cannot occur instantaneously under the terms of the Rome Statute that established the court.
NEW YORK
Burundi's pending decision to withdraw from the International Criminal Court (ICC) likely presages the same 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 remove the country from ICC jurisdiction, the envoy cited a common sentiment in Africa about the ICC.
“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 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.
But some African governments have themselves been the source of requests for ICC action in the case of six of the nine investigations initiated in the continent. In addition, some African countries have said they have no intention of withdrawing from the ICC.
BENSOUDA
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 said 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.
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.
