Burundi Pulls out of ICC

Why in news?

Burundi has become the first country to officially quit the International Criminal Court – ICC.

What is the crisis in Burundi?

• Mr. Nkurunziza won a third term in 2015, in contravention of a two-term limit that was agreed upon earlier.
• Lately, his streak has become very authoritarian in crushing protests and the state machinery seems to rallying behind him.
• Recently, a UN commission investigating violence under ‘President Nkurunziza’ of Burundi had called for the court’s intervention.
• The fact-finding missions had reported large-scale incidents of sexual abuse, torture, forced disappearances and executions.
• The flight of refugees to neighbouring countries is said to have exceeded 400,000.
• International pressure to bring the situation in Burundi under control has proved ineffective.
• ‘African Union – AU’ too abandoned a planned intervention despite its charter providing for such action to stop genocides.

What are the Implications for ICC?

• Burundi’s decision to quit the ICC might find resonance among many other African countries too.
• Targeting Africa - Mood across the AU to defy the jurisdiction of the Rome Statute, the founding treaty of the ICC is obvious.
• As most ICC investigation involves African governments, there is a popular perception that the institution is biased.
• ICC indeed faces hurdles to hold big global powers to account for human rights violations.
• But that doesn’t eliminate the complicity many African dictators in subverting democratic institutions to keep their grip on power.
• Burundi Intervention - In any case, Mr. Nkurunziza’s regime may not be able to evade ICC.
• UN Security Council which is empowered to refer complaints against non-member nations might take up Burundi’s case.

Quick Facts

1. International Criminal Court:

• ICC is an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands.
• The ICC has the jurisdiction to prosecute individuals for the crimes of genocide, crimes against humanity, and war crimes.
• It is intended to complement existing national judicial systems and it may therefore only exercise its jurisdiction when national courts are unwilling or unable to prosecute criminals.
• United Nations Security Council or individual states may also refer situations to the Court.

2. Rome Statute:

• The Rome Statute is a multilateral treaty which serves as ICC's foundational and governing document.
• ICC began functioning on 1st July 2002, the date that the Rome Statute entered into force.
• States which become party to the Rome Statute by signing and subsequently ratifying it, become member states of the ICC.
• Withdrawal of Burundi brings the membership down by 1 to 122.
• While Russia had withdrawn its signature to the initial satute last year, it was never a member of ICC as it never ratified the statue.
• USA, Israel, UAE and several other countries are also signatories to the ‘Rome Statute’ but haven’t ratified it as yet.

Source: The Hindu