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A UN expert called Friday for Mali to remain in the International Criminal Court (ICC) after the country announced plans to withdraw last week. On September 22, Mali, Burkina Faso, and Niger announced their joint withdrawal from the Rome Statute, accusing the ICC of selective justice, inability to handle proven war crimes, and being a “tool of neocolonial repression.”
Eduardo González, the independent expert on the situation of human rights in Mali, stated that a withdrawal from the ICC “would be a betrayal of victims of gross human rights violations” in Mali and a sign that authorities are unwilling to fight “impunity and ensure justice.”
González noted that a withdrawal from the ICC would risk the reparations process critical to the victims of serious crimes in Mali. To date, the ICC has convicted two Malian individuals of war crimes, Ahmad Al Faqi Al Mahdi and Al Hassan Ag Abdoul Aziz. The ICC has already provided reparations to victims of the Al Mahdi case, which involved the destruction of religious and historic sites in Timbuktu. But reparations to victims of the Al Hassan case would be halted if Mali’s withdrawal goes through.
According to Article 127 of the Rome Statute, the withdrawal of a state from the ICC is effective one year after notification to the UN secretary general. During and after this one-year period, the ICC retains jurisdiction over crimes committed during the time the state was party to the Rome Statute.
Additionally, Article 86 of the Rome Statute stipulates that state parties must fully cooperate with the ICC in its investigations and prosecutions. In general, this provision would find Mali in violation of international law for failing to collaborate with the court on ongoing cases.
Since 2012, Mali has experienced political instability marked by extreme violence and armed conflict, including from Islamist militant groups associated with Ansar Dine and Al-Qaida. Since then, widespread human rights violations and occupation of main cities have occurred, causing deaths of civilians, sexual violence, and destruction of cultural heritage.
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Eduardo González, the independent expert on the situation of human rights in Mali, stated that a withdrawal from the ICC “would be a betrayal of victims of gross human rights violations” in Mali and a sign that authorities are unwilling to fight “impunity and ensure justice.”
González noted that a withdrawal from the ICC would risk the reparations process critical to the victims of serious crimes in Mali. To date, the ICC has convicted two Malian individuals of war crimes, Ahmad Al Faqi Al Mahdi and Al Hassan Ag Abdoul Aziz. The ICC has already provided reparations to victims of the Al Mahdi case, which involved the destruction of religious and historic sites in Timbuktu. But reparations to victims of the Al Hassan case would be halted if Mali’s withdrawal goes through.
According to Article 127 of the Rome Statute, the withdrawal of a state from the ICC is effective one year after notification to the UN secretary general. During and after this one-year period, the ICC retains jurisdiction over crimes committed during the time the state was party to the Rome Statute.
Additionally, Article 86 of the Rome Statute stipulates that state parties must fully cooperate with the ICC in its investigations and prosecutions. In general, this provision would find Mali in violation of international law for failing to collaborate with the court on ongoing cases.
Since 2012, Mali has experienced political instability marked by extreme violence and armed conflict, including from Islamist militant groups associated with Ansar Dine and Al-Qaida. Since then, widespread human rights violations and occupation of main cities have occurred, causing deaths of civilians, sexual violence, and destruction of cultural heritage.
The post UN expert calls on Mali to remain in ICC appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.