Chad Withdraws from ICC: Rome Statute Rules and Next Steps

The government of Chad has expressed intentions to withdraw from the International Criminal Court (ICC), adding to an increasing number of African countries considering their relationship with the Hague-based court. Even though this may seem like a serious political move, the withdrawal will not be completed straight away.

Chad withdraws from ICC, According to the provisions of the Rome Statute, which establishes the ICC, member states are not allowed to withdraw from the court instantly. However, upon the notification of the United Nations Secretary-General, the withdrawal process starts.

What follows below is information about how the announcement is interpreted according to international law.

Withdrawal Becomes Effective after One Year

Under Article 127 of the Rome Statute, the withdrawal becomes effective one year after the notification is submitted to the UN Secretary-General.

Throughout the 12 months of this period, Chad will remain a full member of the ICC and will be required to comply with all its obligations under the treaty.

The purpose of the transition period is to ensure that no country can escape international obligations through a simple notice of its intention to withdraw.

ICC Legal Cases Go On as Planned

Despite the exit from the court, the country cannot automatically absolve itself of obligations related to investigations or judicial proceedings initiated before the country decided to leave the ICC.

According to Article 127(2), the withdrawal from the court will have no influence on the cooperation related to ongoing cases under the jurisdiction of the ICC.

If the investigation or proceedings had already started when the country decides to leave the ICC, these investigations and proceedings will continue regardless of Chad’s membership in the ICC.

Withdrawal will, therefore, not grant Chad immunity from any allegations that could have been filed while Chad was a member of the ICC.

What Happens After The Withdrawal?

But when the one-year transitional period is over, the ICC will automatically lose its jurisdiction concerning crimes committed on the territory of Chad or by its nationals following the withdrawal date.

But there are exceptions to be considered.

For example, crimes committed during the time when Chad was a member of the ICC would fall under the jurisdiction of the court.

Furthermore, the Security Council of the UN, in accordance with Chapter VII of the UN Charter, reserves the right to refer situations in non-member states to the ICC. Such references grant the court jurisdiction to look into the international crimes regardless of whether the country is party to the Rome Statute or not.

Reasons Why Some African States Criticize the ICC

The relationship between the ICC and several African governments has always been rather complex.

First of all, some politicians claim that the ICC focuses more on African countries but pays little attention to other countries. The second reason why people criticize the ICC is the issue of national sovereignty.

Many countries in Africa remain within the ambit of the court, while some had earlier on expressed intentions to withdraw and have now gone back on their decision.

What Happens Next? – Chad withdraws from ICC

In the interim, the Republic of Chad will be bound by the Rome Statute for another year before its withdrawal becomes effective.

International eyes will be watching how the withdrawal process will take place, whether legal actions occur during this time, and how this affects its diplomatic ties with international organizations.

This also highlights the continuing discussion regarding the involvement of the ICC in Africa and whether changes are necessary to boost its credibility.