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As Jammeh plans the pull Gambia out of the ICC, fees and rights obligations still stand

Sherrif Solima

By Kejau Touray

As Jammeh's plans a pull out of the International Criminal Court due to ICC investigations into him inciting genocide against Mandinkas, we are reminded that it may take years before Gambia finally pulls out and this will not remove Gambia from his contributions or the obligation of Gambians to not commit the most heinous of crimes against each other or other human beings until after a year and even after then, investigations against Jammeh should continue unabated and we are obliged as a nation to cooperate with such investigations. 

The same scenario was seen in Kenya after the indictments of the incumbent president on charges of war crimes during elections, the Kenyan government tries to pull Kenya out of the ICC by passing a law to that effect unlike Jammeh who unilaterally declared it as if he owns the country and its people. Two years on, Kenya is still part of the international community fighting genocides and war crimes, however this encourages many African leaders, hell bent on staying in power at all cost, prompting many of them to announce their intention to pull out of the ICC. 

Though Jammeh has made his announcements, he and other Gambians are bound by the legal and financial obligations under the Rome Statute, under which the ICC was born.

 

The Rome Statute: https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf 

Under Rome Statute, Article 127:

 

1. “A State Party may, by written notification addressed to the Secretary General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date. 

 

2. "A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.”

 

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