How to leave the ICC

Like How to withdraw from the ICC
Wednesday, July 22, 2015 - 10:42

By Justice Hub

In September 2013, the possibility of a state withdrawing from the International Criminal Court was possibly closer than it had ever been. A Kenyan parliamentary vote supported the government’s motion to withdraw from the ICC.

Almost two years on, Kenya is still a State Party to the Rome Statute, and the cases against two Kenyan nationals are still underway. But since this initial call for withdrawal, several countries have announced their intention to pull out of the Court. The process of leaving the Rome Statute is fairly uncomplicated, but it doesn’t absolve any state from its legal or financial obligations to the Court.
 
The latest state to hint at dropping its ICC membership is South Africa, following it’s highly controversial failure to arrest Sudanese President Omar al-Bashir during a recent African Union summit in Johannesburg. On the eve of al-Bashir’s arrival in South Africa, the ICC issued several calls for his arrest to the South African government. It’s in light of this that Jeff Radebe, minister in the presidency, announced that South Africa is reconsidering its participation in the ICC.
 
South Africa and Kenya are joined by Uganda in the line of countries wielding the threat of ICC pullout. In mid-December, 2014 Ugandan president Yoweri Museveni announced his intention to mobilise African leaders to quit the ICC. However, to this date no state has taken the plunge and left the ICC in its wake. 
 
For more information about the troubled relationship between the ICC and the African continent, read Mark Kersten's latest Courtside Justice column.
 
So what does the Rome Statute say?
Leaving the Rome Statute can be found in Article 127, which says:
 
1. “A State Party may, by written notification addressed to the Secretary General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date. 
 
2. "A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”
 

 

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Anonymous
linda

Duterte wants to withdraw from the ICC because his time has come to be investigated for all the helpless and poor people killed on his war on drugs. He's thinking it's a simple way to evade the issue of the murders committed by his regime.

Tuesday, December 5, 2017 - 19:36
Anonymous
Jorge

ICC is conniving with the Philippines Liberal Party who lost in the last presidential election in destabilising the country. They want to grab the power back so they could continue stealing money from the goverment coffers. ICC is out to get President Duterte who was voted by the vast majority of the Filipinos. ICC has assigned a Filipino judge to handle the case of President Duterte. This Filipino judge has worked for a company that owes the Philippines goverment billions in tax and is being charged for tax evasion by the Duterte administration. ICC IS BEING USED BY CERTAIN GROUPS WITH AGENDA!

Sunday, April 30, 2017 - 02:07
Anonymous
Yaw Sakyi

I urge ALL African Nations to take immediate action and utilize this process to withdraw from the ICC now, with date of withdrawal stating "Immediate Effect" (effective the date at which the withdrawal letter would be sent). Africa Must form it's own Continental Criminal Court to solve it's own national and inter-state problems. Why the ICC, which has a proven record of "persecuting" mainly leaders from Africa ???? Africa must quit ICC Now!!!

Wednesday, December 14, 2016 - 00:35
Anonymous
Advocate Patric...

I think this issue is based on personal interests of our leaders

Thursday, November 17, 2016 - 11:41
Anonymous
Ebrima S CamaraThursday, October 27, 2016 - 09:43
Anonymous
Buba Barrow

What are these crooks criminals afraid of?

Thursday, October 27, 2016 - 07:41
Anonymous
John Burundi

Burundi is withdrawing from ICC to protect its criminals! Very bad for the future of African democracy

Saturday, October 15, 2016 - 13:24
Anonymous
Jessica

What if a state wants to re-enter the statute?

Saturday, September 3, 2016 - 04:12
Anonymous
lana laura

plans on forming african criminal court is a half baked idea because africa has most of the poorest countries hence can not afford sustaining this union and court. therefore a withdrawal is not a good idea.

Monday, June 20, 2016 - 19:08
Anonymous
John kenya

African have there intrest in governance there should no withdrawal

Tuesday, April 5, 2016 - 15:38
Anonymous