Ius Gentium


Is this the end of the ICC? No.


Paul Gora





























Author: Ius Gentium

Ius Gentium is a legal forum for the University of Baltimore School of Law's Center for International and Comparative Law Fellows to write on and discuss international and comparative legal issues.

6 thoughts on “Is this the end of the ICC? No.

  1. Hi Paul,

    Great blog post. You mentioned that there wouldn’t be a mass withdrawal from the ICC but do you think a mass withdrawal is likely to happen in the continent of Africa? I read an article stating that Kenya and now Namibia are considering a withdrawal from the ICC.

    • Thank you Mr. Kim . I would answer your question as precisely as possible . There would be no mass withdrawal because some states behavior does not reflect the mass withdrawals from the ICC. Brundi , South Africa and The Gambia are not of course violating the international law by announcing their withdrawals from Rome statute that created the ICC. In accordance with Art.127 of the Rome statute , they have every rights to go.(leave) The question is what prompted them to withdraw ? are they being investigated or unfairly treated in face of ICC?
      On the contrary , I believed that the ICC and Rome statute system will not disappear because of some states withdrawals . The ICC can still function with 121 states or less .More over lack of court (ICC) jurisdiction over the state , does not means that state who committed a crime of international concern will walked away with the crime , UNSC still may play a role to refer the state concern to ICC . Therefore , their withdrawals will not affect the ICC as such .

  2. Hi Paul! Going along Christian’s comment, do you also think Burundi might also consider withdrawing from the ICC? There have been controversies over the President’s unconstitutional extension of his presidency and even allegations of government-backed mass murders. Also, what are the underlying reasons behind the Gambia’s withdrawal? Have there been mass murders and witch hunts that would mirror the ones mentioned in Alex’s blog post?

    • October 18, 2016 Brundi’s president signed legislation calling for his country withdrawal from ICC claiming that , the court is an instrument of powerful countries used to punish African leaders who do not comply with the west. The reality however is , that Brundi has failed to hold people responsible for brutal crime to account and sunk to the laws in an attempt to deny victims’ ‘justice . This move by Brundi is to continuing disregards for human rights and rule of law and to keep the president in power for indefinite terms in office . The decision to withdraw also comes after the United Nations human rights council resolved on September 30 , 2016 to create a commission of inquiry into human rights abuses in the county.

      The reason for The Gambia to withdraw is not different from Brundi . The Gambia’s president has been ruling the country by iron fist for many years . The most underlying reason behind its withdrawal is that , the president accuses the Hague based tribunal of prosecution and humiliating the people of Africans .But that may not be the only reason prompted the withdrawal , the government has been accused by AMNESTY International of brutally repressions and murdering oppositions. So the withdrawal from the tribunal is an attempt to cover the alleged crime its committed .

  3. Paul–do you know why the Gambia is suddenly withdrawing from the ICC’s jurisdiction? The Achilles heel of the ICC is of course, enforceability. Has there been some scandal or genocide in the country to lead to this? Or simply the pervasive attitude amongst the African diaspora that the West is out to get them?

    • The reasons that prompted the Gambia to withdraw from the ICC’s jurisdiction is following unrest early October , 2016 which resulted dozens of oppositions and civilian death in police responses and in a detention centers .
      The Government has been accused by Britain and other western countries of human rights abuses in the Country due, to this the Government blamed the western countries of orchestrating the protest . The government’s only option however, is that to withdraw from ICC’s jurisdictions to block the investigations of human rights abuses . Therefore The Gambia withdrawals from ICC has nothing to do with the Africans diaspora agitations .

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