Recently, Burkina Faso, Mali, and Niger jointly announced their withdrawal from the International Criminal Court (ICC), calling it a “neo-colonial” tool of imperialism. 

• Withdrawal Process: A state’s withdrawal takes effect one year after formally notifying the UN Secretary-General.

Reasons for Withdrawal

• Neo-Colonial Allegations: The three countries criticised the ICC as an instrument of “neo-colonialist repression in the hands of imperialism.”
• Failure of ICC: They accused the Court of being incapable of handling and prosecuting war crimes, crimes against humanity, genocide, and crimes of aggression effectively.
• Indigenous Mechanisms: The juntas expressed intent to create local mechanisms for consolidating peace and justice rather than depending on international institutions.

About International Criminal Court (ICC)

• The ICC is a permanent international tribunal established in 2002 under the Rome Statute.
• Headquarters:  The Hague, Netherlands.
• Jurisdiction: Crimes committed on or after 1 July 2002
• Member Parties: 125 (India, U.S., China, Russia, and Israel are not parties)
• Official Languages: English, French, Arabic, Chinese, Russian, Spanish
• Judges: Elected by the Assembly of States Parties, who serve non-renewable nine-year terms.
• Relation with UN: ICC is independent but has a cooperation agreement with the United Nations.

Organisational Structure

• Assembly of States Parties (ASP): The legislative body consisting of representatives of member states that oversees the Court’s administration, budget, and election of judges and prosecutors.
• The Presidency: Comprises the President and two Vice-Presidents elected by the judges, responsible for judicial administration.
  • Current President: Judge Tomoko Akane of Japan.
• Judicial Divisions: Consist of 18 judges elected for 9-year terms, divided into Pre-Trial, Trial, and Appeals Divisions.
• Office of the Prosecutor (OTP): An independent organ responsible for investigating crimes and prosecuting cases before the Court.
• Registry: Provides administrative and operational support, including witness protection and outreach.

Functions and Jurisdiction of the ICC

• Crimes under Jurisdiction: 
  • Genocide: The deliberate killing of a group of people based on race, religion, ethnicity, or nationality.
  • Crimes Against Humanity: Widespread and systematic attacks against civilians, including murder, enslavement, and torture.
  • War Crimes: Violations of the laws of war, such as the killing of civilians, destruction of property, and use of banned weapons.
  • Crimes of Aggression (added in 2010 Kampala amendments): The unlawful use of armed force by a state against another without justification.
• Triggering Mechanisms:
  • A State Party refers to a case.
  • The UN Security Council refers to a situation.
  • National courts are unwilling or unable to prosecute.
  • The crime occurred in a state party to the Rome Statute, or the accused is a national of such a state.
• Principle of Complementarity: The ICC acts only when national legal systems fail to prosecute serious international crimes.
• Enforcement of Order: Relies on state cooperation for arrests and surrenders. Does not have its own police force.

Limitations of the ICC

• Limited Enforcement Power : The ICC relies on national governments to execute arrests, limiting its ability to enforce warrants independently.
• Unexecuted Warrants : Many high-profile arrest warrants, including those against Vladimir Putin and Benjamin Netanyahu, remain unenforced.
• Non-Member States:  Countries like the U.S., China, and Russia do not recognize ICC jurisdiction, reducing its global reach.
• Political Influence : Execution of warrants is often influenced by political interests, affecting the Court’s impartiality.
  • Some ICC investigations have been accused of targeting African nations disproportionately.
• Lengthy Legal Procedures: ICC trials often take years to reach a conclusion, leading to delays in justice delivery.

ICC vs ICJ

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