NEW YORK, October 13, 2016—Amid deteriorating human rights conditions in the country, the lower house of Burundi’s National Assembly voted
overwhelmingly in favor of withdrawing from the Rome Statute, the
treaty that created the world’s first permanent criminal court to
investigate and prosecute the world’s worst crimes and an international
system to fight impunity. The bill still must be approved by the upper
house and then be signed by the president, triggering a year-long
withdrawal process from the International Criminal Court (ICC).
Most recently, the country slid into political crisis after Burundian President Pierre Nkurunziza won a third term in an election
that many have called unconstitutional. Since April 2015, an estimated
564 have been killed and more than 260,000 have fled. The African Union
has been among those to criticize Nkurunziza’s third term.
“Burundi should reconsider this ill-conceived decision, which
undermines efforts at the national level to bring justice, peace, and
stability to the country,” said ICTJ President David Tolbert. “The vote
is particularly troubling given Burundi’s clear unwillingness and lack
of capacity to prosecute those most responsible for crimes during the
recent violence and before.”
The passage of the draft law comes months after the ICC,
tasked with trying serious crimes when states are unwilling or unable
to do so themselves, said it will investigate violence sparked by
Nkurunziza’s re-election, including killings, imprisonment, torture,
sexual violence, and enforced disappearances.
Some in the Burundian government, including vice president Gaston
Sindimwo, have accused the ICC of plotting to harm the country and
violate the rights of Africans. The charge arises from the perception,
promoted by some African states, that the ICC unjustifiably focuses on
African situations and disproportionately indicts political and rebel
leaders.
“The Burundi government has done a great disservice to its citizens,
especially victims, by adopting this decision which uses the false
accusations of the court’s ‘anti-African’ bias to avoid the possibility
of justice being done,” said Tolbert.
While nine of the ten situations now before the ICC are from Africa,
five result from the Governments referring their own situations to the
ICC. Two situations were referred to the ICC by the UN Security
Council, which includes Darfur. One voluntarily accepted the ICC’s
jurisdiction. The ICC acted on its own initiative in only two African
countries: in Kenya, only after this country failed to initiate domestic
prosecutions and in Cote D’Ivoire where the State voluntarily declared
acceptance of ICC jurisdiction.
There are currently ten countries under preliminary examination by
the ICC, only four of them are African nations, including Burundi.
https://www.ictj.org/news/burundi-icc-leave
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