Burundi is the only one of three African nations to go ahead with withdrawal after they made moves last year to leave amid accusations that the court focuses too much on the continent.
South Africa's withdrawal was revoked in March 2017. Gambia's new government reversed its withdrawal in February 2017.
Burundi's withdrawal doesn't affect the preliminary examination of the country's situation already underway by the court's prosecutor.
Burundi has faced deadly political turmoil since April 2015 when President Pierre Nkurunziza announced to seek a third term election that he ultimately won.
In September 2017 a UN Commission of Enquiry on Burundi delivered a report to the Human Rights Council alleging that Burundi’s top leaders and state security agencies have committed crimes against humanity and urged the ICC to open an investigation.
The U.N. commission of inquiry report said crimes against humanity, including killings and sexual violence are still being committed in Burundi and it asked the ICC to open an investigation as soon as possible.
Reasons
The Burundian government led by President Pierre Nkurunziza claims that the ICC is used by powerful Western countries as an instrument to punish leaders who are not compliant.
The ICC’s inability to try heads of state/leaders of any of the P5 countries or even launch preliminary investigations against them for acts of impunity has supported the notion of substantial unfairness and geopolitical prejudice.
It accused the ICC of deliberately targeting Africans for prosecution.
Since the ICC came to force in 2002, the legal body has maintained a volatile relationship with Sub-Saharan Africa’s leaders.
34 African states are ICC members making it the biggest regional bloc of states in the Assembly of State Parties (ASP) responsible for the oversight of the court of last resort which prosecutes gross violations only when domestic judicial processes are deemed inadequate or unwilling to pursue justice.
The African Union members argue that heads of state and senior officials should have immunity in the interest of peace and stability and prosecuting them amounts to an international effort to change African regimes.
