Burundi leaves International Criminal Court after calling the tribunal 'racist'
The International Criminal Court's headquarters in The Hague

Burundi leaves International Criminal Court after calling the tribunal 'racist'

The East African nation of Burundi Friday became the first country to officially withdraw from the International Criminal Court. Burundi, and several other African countries, have had a conflict with the ICC over what they perceive is the war tribunal's bias toward Africa. Last year, Burundi’s first vice-president, Gaston Sindimwo, announced the government presented a draft law in parliament to debate how it could withdraw. Sindimwo accused the ICC of violating the rights of Africans. In threatening withdrawal from the Rome statute, the treaty that created the ICC, several African leaders charge the Hague-based court of disproportionately targeting the continent in its investigations/prosecutions of alleged war crimes.


“Unless this organisation is reformed, to be able to focus itself on what it is supposed to be doing in a fair and balanced manner, we in Kenya and we as Africans need to then pull out because we cannot have a court that is pursuing agendas other than that which the organisation was legally constituted to do,” Kenya President Uhura Kenyatta.

The ICC had called on the government of Burundi to remain and engage dialogue

Source: Wikipedia / ICC headquarters located in The Hague, Netherlands.

Last year, the president of the governing body of the ICC, Sidiki Kaba, expressed concern over Burundi's plan to withdraw from the "court of the last resort." 

"The withdrawal from the Statute by a State Party would represent a setback in the fight against impunity and the efforts towards the objective of universality of the Statute, " stated Kaba.


Mounting concerns of mass exodus of African States from the ICC

Set up in 2002 as the last resort to try war criminals and perpetrators of genocide never tried at home, the ICC has opened inquiries involving nine nations, all but one of them African: Kenya, Ivory Coast, Libya, Sudan, Democratic Republic of Congo, Central African Republic (twice), Uganda, Mali and, most recently, Georgia. In February 2016, members of the African Union backed a Kenyan proposal to push for withdrawal from the ICC.

ICC prosecutor denies war crimes tribunal is out to get African leaders.

Source: United Nations / ICC Chief Prosecutor Fatou Bensouda

In June 2012, Bensouda, a 51-year-old Gambian, became the first woman and African to head the team of prosecutors at the ICC tribunal. Bensouda staunchly defends the integrity of the ICC. 

"The ICC is an independent court that must be supported," Bensouda stated in November 2015 posting on the ICC's web site.    "They perpetuate these crimes and they send this propaganda that ICC is targeting Africa, and by so doing, the focus that we should have on the victims of their crimes is moved away,” Bensouda added.

ICC contends that some African leaders want to escape responsibility

It should be noted that the Burundi government's withdrawal from the ICC comes one year after the Hague court announced it began investigating alleged crimes against humanity in the Southeast African country. Hundreds of people have died in Burundi since Pierre Nkurunziza pursued and won a third presidential term July 2015 many call unconstitutional. Since his candidacy was announced in April 2015, there have been violent protests, forced disappearances and assassinations. More than 260,000 people have fled the country. In April 2016, the ICC announced it would investigate. Some observers contend Burundi's leaving the ICC is a desperate attempt to avoid responsibility and accountability for any alleged human rights violations.

Many see Burundi's move to withdraw from the ICC as a dangerous precedent that will spur other countries under investigation to follow Burundi's lead.

Amnesty International warns Burundi that leaving ICC will not derail justice

"Withdrawal from the Rome Statute does not in any way absolve Burundi of its obligations to end ongoing widespread human rights violations," Matt Cannock, Amnesty International’s Head of International Justice. “ The ICC can continue its preliminary investigations regardless of Burundi’s efforts to stop its work by withdrawing from the Court."

“The Burundian government has made a cynical attempt to evade justice by taking the unprecedented step of withdrawing from the ICC," Cannock said. "But perpetrators, including members of the security forces, cannot so easily shirk their alleged responsibility for crimes under international law committed since 2015."








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