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The International Criminal Court and Africa$
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Charles Chernor Jalloh and Ilias Bantekas

Print publication date: 2017

Print ISBN-13: 9780198810568

Published to Oxford Scholarship Online: November 2017

DOI: 10.1093/oso/9780198810568.001.0001

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State Withdrawals from the Rome Statute of the International Criminal CourtSouth Africa, Burundi, and The Gambia

State Withdrawals from the Rome Statute of the International Criminal CourtSouth Africa, Burundi, and The Gambia

Chapter:
(p.214) 9 State Withdrawals from the Rome Statute of the International Criminal CourtSouth Africa, Burundi, and The Gambia
Source:
The International Criminal Court and Africa
Author(s):

Manisuli Ssenyonjo

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198810568.003.0010

In 2016, African leaders’ growing discontent with the work of the International Criminal Court in Africa culminated in the unexpected withdrawal of three African states parties from the ICC. This chapter examines several key issues connected with the three states’ notifications of withdrawal. The first part examines reasons for the filing of the withdrawal notifications. The second section analyses the likely legal and other consequences of the withdrawal notifications for states parties. In the third part, the chapter considers whether the African Court on Human and Peoples’ Rights might serve as a suitable African regional alternative or a mechanism that could be complementary to the ICC. The final section offers concluding observations, debating whether the three African states should consider withdrawing their withdrawal notifications and outlining measures that might be taken to avoid, or at least minimize, further withdrawals and to avoid conferring impunity of perpetrators of international crimes in states that have withdrawn from the Rome Statute.

Keywords:   International Criminal Court (ICC), South Africa, Burundi, The Gambia, African Court on Human and Peoples’ Rights

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