Burundi Moves Toward Historic ICC Exit
urundi Peacekeepers Prepare for Next Rotation to Somalia, Bjumbura, Burundi (U.S. Army Africa)
On October 12, Burundi’s lower parliament and Senate agreed on a proposal that would make it the first country to leave the International Criminal Court (ICC). The intergovernmental organization based in The Hague, Netherlands was created in 2002; since then,124 states have given jurisdiction to the ICC in cases regarding international crimes including genocide, war crimes, and other crimes against humanity. Such crimes are common in Burundi, which is precisely why Burundian politicians see it as a threat. Amidst major human rights violations and blatant corruption charges against the country, the Burundi Parliament wants to avoid foreign judicial intervention by leaving the ICC.
The decision to withdraw first emerged from the lower parliament, where the vote passed 94 to 2. The bill proceeded to the Senate, where it was unanimously passed by all 39 members. The final step to formally leave the ICC is for President Pierre Nkurunziza to approve the motion and put it into law. If Nkurunziza approves the bill, the formal withdrawal process will take a full year after Burundi submits the decision to the ICC. Although leaving is not an overnight process, Burundi’s secession could have major implications for the future stability of the ICC.
Last month, a United Nations probe found that Burundi’s government was responsible for "gross human rights violations that amount to crimes against humanity.” This report outlined the various methods used by the Burundian military to silence protestors including extrajudicial killings, torture, rape, mass arrests, and disappearances. Within a day of the UN report’s release, the Burundi government vehemently denied the evidence used in the reports and submitted a 40 page rebuttal. 18 months ago, mass protests broke out when President Nkurunziza controversially won a third term in office. Soon after Nkurunziza’s successive re-election, a military coup was quickly quelled, resulting in the death of hundreds of anti-government protesters, with thousands more imprisoned or tortured by Nkrurunziza’s forces. Since the failed coup, over 250,000 civilians have been forced to flee into neighboring countries and seek political asylum for fear of reprisal. The hostility between Burundi and the ICC only worsened earlier this week when the government refusedentry to three UN investigators sent to investigate the reported cases of mass imprisonment.
Burundi’s potential exit from the ICC could inspire other African countries to do the same, causing a domino effect that could eventually render the organization useless. Another potential side effect of leaving the ICC is losing critical aid from Western powers that support the court, which has prevented countries such as South Africa, Kenya, and Namibia from leaving in the past. However, this is possible punitive measure is of little concern to Burundi, which has been on the list of aid-blocked nations since November 2015.
African countries have been left frustrated by the ICC’s actions in the past, which have targeted rebel groups, warlords, and political leaders, but result in little to no legitimate change. This frustration with the court also stems from the pervasive sentiment that African states have been disproportionately targeted by the ICC, whilst turning a blind eye on crimes occurring in other regions of the world.
One of the few Burundian lawmakers to oppose the exit has been left angered by his country’s decision, stating, “The ICC is not the problem. The problem is, we the Africans, we don’t know how to protect human rights.” Burundi’s exit could prevent prosecution efforts against corrupt government and military officials, adding to a long list of failures since the court’s creation. The future of the ICC remains to be seen, but Burundi’s potential exit could prove to be the first of many on the continent in the coming future.