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The 16th session of the Assembly of States Parties (ASP) to the Rome Statute took place from 4-14 December 2017 in New York. The ASP meets once a year and represents the ICC's management oversight and legislative body. It provides an avenue for state parties to consider inter alia proposals to amend the Rome Statute, the activation of the Court's jurisdiction over the crime of aggression, and the budget of the Court.

Here is a quick overview of significant developments at this year's ASP:

- The crim...

South Africa's proposed withdrawal from the Rome Statute has been on the cards for some time now. It was sparked by the clash of legal opinion between the South African government and the ICC concerning South Africa's failure to arrest and surrender ICC suspect, President Al Bashir, when he visited South Africa for the AU Summit in 2015. Though an earlier effort on the part of the South African government to withdraw was thwarted on procedural grounds in the High Court - ruling that the decision t...

Today marks a historic day for the International Criminal Court (ICC). After many years of political conflict between the Court and Africa, Burundi has today officially become the first state party to withdrawn from the Court.

In April 2015, widespread electoral violence erupted in Burundi when President Nkurunziza ran for a third term in office. The move was widely viewed as unconstitutional. The ensuing violence resulted in hundreds of killings and forced hundreds of thousands of persons to flee...

2017-8-02

Note: The text of this blog post has been drawn from a written submission to the third edition of the Strathmore Law Journal 2017.

In Greek mythology, Antaeus was the Libyan half-giant son of the Earth goddess, Gaea and Poseidon, the god of the sea.[1] Antaeus had the disturbing proclivity to challenge all strangers passing through his country to wrestle with him. It is quite telling that the Greek word underlying his name, Antaios, means to be set against, or to be hostile.[2] Antaeus’ occupation...

As reported last week, Pre-Trial Chamber (PTC) II of the International Criminal Court (ICC) found that South Africa had failed to meet its obligation to arrest and surrender Sudan's President Omar Al-Bashir (Al-Bashir) when he attended the African Union (AU) Summit in South Africa in June 2015. Al-Bashir is suspected of various crimes under the ICC's substantive jurisdiction, including genocide.

The decision was highly anticipated and the finding of non-compliance on the part of South Africa widely...

It is reported that Zambia will not withdraw from the ICC. This comes of the back of a national consultative process concerning Zambia's withdrawal from the Court. It is particularly striking that 91,43% of petitioners were opposed to Zambia's withdrawal. This goes to show that - while there still seems to be support for mass withdrawal among various African states' political representatives (made evident through the AU's earlier non-binding recommendation to withdraw) - such support may...

This past week the African National Congress ("ANC") announced that it is still seeking to withdraw South Africa from membership of the ICC. The ongoing friction between South Africa and the ICC follows South Africa's failure to arrest President Omar Al-Bashir of Sudan when he attended the AU Summit in South Africa in June 2015. The ICC had issued an arrest warrant for Al-Bashir, who is implicated war crimes, crimes against humanity and genocide committed in the Darfur region of Sudan, in 2010....

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