HighlightWorld News

Burundi quits International Criminal Court

295

One month after a scathing United Nations report that called for a criminal investigation likely to lead back to its leaders, Burundi has withdrawn from the International Criminal Court, becoming the first country in the world to do so.

A UN Commission of Inquiry on Burundi reported in September that it had found evidence of extrajudicial killings, disappearances, arbitrary arrests and detentions, torture and sexual violence in the 2 1/2 years since Burundi’s president, Pierre Nkurunziza, muscled his way to a third term in office.

Burundi announced its intention to withdraw last year, at a time when the court was deeply unpopular with African leaders. Gambia and South Africa were also threatening to pull out, and the continent’s top intelligence officials signed a statement accusing the court of being “hijacked by powerful western countries” and “acting as a proxy” for foreign-led regime change. But Nkurunziza can no longer count on leading a wave of exits.

Gambia reversed course on its threat after Yahya Jammeh, its president for 22 years, departed following his electoral defeat by Adama Barrow. South Africa revoked its withdrawal in March, after its High Court ruled that Parliament would have to approve the measure.

“For the court, I continue to think this is not going to mean very much,” said Kate Cronin-Furman, a human rights lawyer and postdoctoral fellow at the Harvard Kennedy School’s Belfer Center for Science and International Affairs. “Burundi is a pretty peripheral player, and their walkout is not going to threaten the court’s legitimacy or its prospects going forward.”

 

Still, the court’s reputation took a hit last year when it essentially dropped charges against Kenya’s deputy president, William Ruto, for lack of evidence. Two years earlier, it withdrew charges against Uhuru Kenyatta, Kenya’s president. Both men had been accused of crimes against humanity over the violence after the country’s 2007 election, in which more than 1,100 people were killed and hundreds of thousands more displaced.

Nine of the 10 current formal investigations by the office of the court’s prosecutor concern Africa, and all of its trials so far have involved African defendants.

“I think there is an ongoing concern about the court’s ability to work in countries in Africa,” said Rebecca Hamilton, an assistant professor of law at American University who previously worked in the International Criminal Court’s prosecution division.

“When you still have a government in power, we’re seeing how difficult it can be to conduct an investigation,” she added. “Where the court is interested in a rebel group or a group that’s not in power, it’s a different story. But power fights back against justice. That’s the bottom line, and that’s not unique to Africa.”

Burundi might still end up in the court’s sights, however. Under its founding charter, known as the Rome Statute, crimes in nonmember states can still be referred for investigation by the UN Security Council. The United Nations’ commission of inquiry on Burundi recommended such a referral.
The court’s work on events in Burundi has been in the exploratory stages, known as a “preliminary examination.” A spokesman for the court told AP that it would retain jurisdiction.
It may struggle to do so, however, according to Mark Kersten, deputy director of the Wayamo Foundation, an international justice organisation.

“The rules are clearer on an investigation, but the ICC hasn’t opened one,” he said. “It only has this preliminary examination.”

For the examination to become an investigation, he said, the court’s judges would have to grant permission to the prosecutor, and Burundi might claim there was no legal basis for moving ahead after its withdrawal.

“I think that could potentially create a lot of debate among other states,” Kersten added.

Leave a comment

Related Articles

NNPC Ltd. hosts NSC boss, pledges support for revitalization of Nigerian football

In a significant move to boost Nigerian football, the Nigerian National Petroleum...

Nigerian youths essential to repositioning Africa, says VP Shettima

Vice President Kashim Shettima has reaffirmed the federal government’s commitment to youth...

Just in: Simon Ekpa ‘ll be extradited to Nigeria to face charges – Defence Headquarters

The Nigerian Defence Headquarters, Abuja, has announced plans to extradite Simon Ekpa,...

NPA’s CEO Dantsoho Makes History as First Nigerian Chairman of PMAWCA

In a groundbreaking achievement, Dr. Abubakar Dantsoho, Managing Director of the Nigerian...

Just in: ICC issues arrest warrants for Netanyahu, others

The International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister...

Save for rainy day, Federal Accountant General urges state govts, emphasizes transparency, accountability

In a bid to ensure financial stability during adverse situations and economic...

Sacked UNIZIK VC Odoh to Tinubu: You can’t fire me through press release

Sacked Vice-Chancellor of Nnamdi Azikiwe University (UNIZIK), in Awka, Anambra State, Prof....

UBA to empower MSME’s with wealth management strategies at its ‘Built to Last’ series

As part of its commitment to deepen the growth and sustainability of...

Olopade assumes office as NSC DG, promises new lease of life for Nigerian sports

Bukola Olopade had assumed office as the Director General of the resuscitated...

Amid High Inflation Rate, IMF Pledges Support for Nigeria’s Economic Reforms

International Monetary Fund (IMF) President Kristalina Georgieva and her team met with...

Nigeria’s Super Falcons Ajibade, Nnadozie, Nominated for 2024 CAF Women’s Player of the Year

The Confederation of African Football (CAF) has announced the nominees for the...

Just in: FG announces reshuffle of governing councils at FUOYE, Kogi varsity

The Federal Government has made changes to the governing councils of Federal...

Exclusive: Eguavoen Opens Up on Declining NFF Contract Extension, Reveals Reasons

Super Eagles Coach, Austin Eguavoen, has revealed why he declined the Nigeria...

Boost for Nigeria’s Oil Production As NNPC’s Utapate Crude Grade Hits Global Oil Market

In a major boost for Nigeria’s crude oil production, revenue generation, and...

Just in: FG sacks varsity Pro-Chancellor for misconduct

The Minister of Education, Dr. Tunji Alausa, has announced the removal of...

Just in: INEC presents Certificates of Return to Ondo Gov. Aiyedatiwa, deputy

The Independent National Electoral Commission (INEC) has presented Certificates of Return to...

Breaking: Senate sacks Danladi Umar, Code of Conduct Tribunal chairman  

Following proven allegations of gross misconduct and unacceptable behaviour, the Senate on...

Just in: South Africa takes over G20 Presidency from Brazil, first African nation to lead the bloc

South Africa has taken over the presidency of the G20 from Brazil,...

Tinubu submits 3 INEC REC, federal commissioner-nominees for Senate’s approval

President Bola Tinubu has sent the name of Ondo Resident Electoral Commissioner,...