THE AFRICA GROUP FOR JUSTICE AND ACCOUNTABILITY

27 October 2017

The Africa Group for Justice and Accountability Expresses Deep Regret over
Burundi Withdrawal from the International Criminal Court.

The Africa Group for Justice and Accountability (AGJA) expresses its deep regret over the
official withdrawal of Burundi from the International Criminal Court (ICC). Burundis withdrawal
undermines the system of international justice and closes an important potential avenue to jus-
tice for victims and survivors of abuses in the country.

The government of Burundi submitted its notice of withdrawal from the ICC to the United Nations
Secretary General on 27 October 2016, to take effect one year later (today). When Burundi
first intimated its intention to withdraw from the ICC, the AGJA implored the government to
remain committed and to continue to cooperate with the Court.

The deteriorating situation in Burundi had been under preliminary examination since 25 April
2016. When ICC Prosecutor Fatou Bensouda initiated a preliminary examination, she acknowl-
edged reports that more than 430 persons had been killed, at least 3,400 people arrested,
and that over 230,000 Burundians had been forced to seek refuge in neighbouring countries.
Estimates suggest that over 400,000 citizens have now fled the country. As outlined by the
United Nations Commission of Inquiry on Burundi, there are reasonable grounds to believe that
the crimes perpetrated in Burundi amount to crimes against humanity. The Commission of In-
quiry further requested the ICC to open an official investigation into alleged crimes perpetrated
in Burundi. However, the ICCs Prosecutor has apparently decided not to open an investigation
into the situation in Burundi and, with the countrys withdrawal, that option now appears closed.

As it has since its creation, the AGJA strongly encourages cooperation between African states
and the International Criminal Court. In line with its Kilimanjaro Principles, the Africa Group
offers its expertise in facilitation and mediation to Burundi, the ICC, and other relevant actors
to ensure that justice for the victims of crimes in Burundi is not sacrificed.

Burundis withdrawal from the ICC today cannot and will not be the end of the pursuit for
accountability for the victims and survivors of abuses in Burundi. The AGJA stands in solidarity
with them and stands prepared to ensure their aspirations for justice can one day become a
reality.
The Africa Group for Justice and Accountability was established to support efforts to strengthen
justice and accountability measures in Africa through domestic and regional capacity building,
advice and outreach, and enhancing co-operation between Africa and the International Crimi-
nal Court. It comprises senior African experts on international criminal law and human rights,
including political figures, members of international and domestic tribunals, and human rights
advocates:

Dapo Akande (Nigeria), Professor of Public International Law, University of Oxford

Femi Falana (Nigeria), Human rights activist and lawyer
Hassan Bubacar Jallow (Gambia), Chief Justice of the Gambia, former Prosecutor at
the International Criminal Tribunal for Rwanda and International Residual Mechanism for
Criminal Tribunals
Richard Goldstone (South Africa), Former Chief Prosecutor of the United Nations In-
ternational Criminal Tribunal for Rwanda and the former Yugoslavia
Tiyanjana Maluwa (Malawi), H. Laddie Montague Chair in Law, Pennsylvania State
University School of Law; Former Associate Dean for International Affairs, School of Law
& Director, School of International Affairs
Athaliah Molokomme (Botswana), Ambassador and Permanent Representative of Bot-
swana to Switzerland and the UN Office in Geneva, and former Attorney-General of Bot-
swana
Betty Kaari Murungi (Kenya), Senior Advisor on Transitional Justice to the Joint Moni-
toring and evaluation commission (JMEC)
Mohamed Chande Othman (Tanzania), Former Chief Justice of Tanzania
Navi Pillay (South Africa), Former UN High Commissioner for Human Rights
Catherine Samba-Panza (Central African Republic), Former Transitional President
of the Central African Republic
Fatiha Serour (Algeria), Director of Serour Associates for Inclusion and Equity
Abdul Tejan-Cole (Sierra Leone), Executive Director of the Open Society Initiative for
West Africa