A Case Study of Dimensions of Withdrawal of International Criminal Court’s Membership and its Consequences

Abstract

Success in Africa's policy of non-cooperation with the ICC has led to the African Union's withdrawal strategy document of its member states from the ICC. Some African states have resorted to issuing withdrawal notice in accordance with Article 127 of the statute. This approach has led to successful African states believe ignoring international criminal policy. A critical examination of the course, dimensions and consequences of this emerging event in the field of ICL is important and relies on a descriptive and analytical approach to the aims and subject of this article. Main question is what are the dimensions of the withdrawal from ICC statute and its consequences? Research findings show that statute withdrawing has negative consequences for the ICC and the applicant state. Statute withdrawal would lead to inconsistency and imbalance in the domestic criminal policy of the applicant with its international criminal policy, but to no avail. Accordingly, the two Burundi and South African states have not achieved the main objectives of their withdrawal strategy, although the Burundi state's notice after one year is expected to lead to its definitive withdrawal.