Burundi, South Africa, and the Gambia are not violating international law merely by announcing their withdrawal from the Rome Statute that created the International Criminal Court. In accordance with Article 127 of the Rome Statute, they have every right to go.
Contrary to what some commentators seem to believe, the ICC and the Rome Statute system will not disappear because of some withdrawals. The Statute can still function with 121 states or even less. Think about it this way: in 2003, I was appointed as ICC Prosecutor by 78 states. In those days, the Bush Administration was embarked on military operations in Iraq ignoring the position of the majority of the UN Security Council members, authorizing the use of torture, campaigning against the International Criminal Court and threatening states party of the Rome Statute with economic sanctions for not providing immunity for US troops. Despite those conditions, less than 100 states parties were able to provide the cooperation and support that the Court needed to function. Thirteen years later the system developed by the Rome Statute is a reality, part of international law’s landscape. Its existence is not at risk—its relevance, as with the relevance of international law to manage conflicts, is in question. Just Security produced three important opinions.
