(AFP) – Chad became on Monday the latest country to announce plans to withdraw from the International Criminal Court (ICC), complaining the tribunal’s effectiveness was “limited and uneven” and its activities were focused on Africa. The move follows pressure from the United States, which earlier this month announced a campaign against the ICC, threatening more sanctions and accusing it of posing “an intolerable threat to US sovereignty.”
This month, Venezuela and the military juntas in Burkina Faso, Mali, and Niger also started the process of leaving the ICC, based in The Hague, which prosecutes individuals for war crimes and crimes against humanity. Burundi and the Philippines have already withdrawn.
Chad’s announcement follows “an in-depth review of the functioning of the International Criminal Court since it began operating in 2002, as well as its record, whose effectiveness remains limited and uneven,” the government said in a statement. It accused the ICC of concentrating on African countries. Out of the 13 investigations launched by the court since it came into force, nine concern African states and just four in other regions of the world, it said. “The court has only seven people in custody, six of whom are being prosecuted in African situations,” it added.
The Chadian foreign minister’s official Facebook page posted a statement last week saying the US had pressed the government in Niamey to reconsider its ICC membership. “The American side expressed its concerns about the functioning of this institution and called on Chad to review its accession to the Rome Statute,” it said of the phone call on Thursday between US Deputy Secretary of State for African Affairs Frank Garcia and Chadian Foreign Minister Abdoulaye Sabre Fadoul. On Friday, however, Sabre Fadoul told AFP “it was not at the Americans’ request that we decided to withdraw from the ICC.”
Chad’s decision to leave the ICC after 20 years comes amid allegations by national and international organizations of Ndjamena’s suspected involvement in the war in neighboring Sudan between the army and paramilitaries. The Sudanese army and NGOs accuse Chad of facilitating the shipment of weapons from the United Arab Emirates to the paramilitary Rapid Support Forces. Both sides in the Sudanese conflict are regularly accused by the international community of war crimes, including systematically targeting civilians and indiscriminately bombing populated areas.
Fadoul posted a video on Facebook on Monday saying: “Chad no longer felt in step with the International Criminal Court as it currently operates.” What is happening at the ICC should give pause for thought to all African countries that are still members,” he said. “We must no longer accept being the willing victims of a two-tier system.”
French lawyer Vincent Brengarth, who represents NGOs alleging war crimes in Sudan, said Chad’s withdrawal undermined the prospects of those responsible being brought to justice. More generally, he added, “this withdrawal weakens the international architecture of criminal justice and heightens fears that the perpetrators of the most serious crimes will escape any prosecution.”
The ICC, which has 125 member states, seeks to prosecute individuals responsible for the world’s gravest crimes when countries are unwilling or unable to do so themselves. However, it has struggled against a lack of enforcement power, and several nations — notably China, Israel, Russia, and the United States — do not recognize its jurisdiction, hampering its ability to investigate their nationals.
A majority of ICC member states voted on Friday to dismiss prosecutor Karim Khan, following disputed allegations that he sexually assaulted a female member of staff. Khan categorically denies the accusations. His lawyer has said he will challenge “the lawfulness and fairness of the decision.” Khan has been the target of US sanctions since he successfully applied in 2024 for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant over allegations of crimes against humanity and war crimes — including starvation as a method of warfare — in Israel’s war against Hamas in Gaza.
Venezuela said on Friday it would leave, alleging the tribunal was biased. Burkina, Mali, and Niger did so earlier in July, leading the ICC’s executive body to voice concern that their departure undermined the global pursuit of justice.
© 2024 AFP
