ICC to investigate on Burundi until its effective withdrawal

Fatou Bensouda, the ICC Prosecutor has published her 2016 annual report

Despite the withdrawal of Burundi from the Rome Statute, the situation in the country since April 2015 continues to be the subject of a preliminary inquiry by the ICC. This is included in the annual report on preliminary examination activities (2016) published this 14 November by the ICC Prosecutor, Fatou Bensouda.

The report provides an overview of her office’s preliminary examination activities conducted between 1 November 2015 and 31 October 2016 in relation to ten countries under consideration for possible investigation.

In Burundi, the inquiry may also cover other crimes which will be committed until such withdrawal becomes effective, namely one year after its notification to the Secretary-General of the United Nations. According to its legal assessment of the situation, the ICC office could initiate an investigation during this one-year period. Fatou Bensouda says the withdrawal of Burundi does not alter its obligation to cooperate with the court in investigations and criminal proceedings initiated prior to the date on which such withdrawal becomes effective.

Burundi situation has been the subject of a preliminary examination since 25 April 2016. The office received a total of 23 communications related to the situation under article 15 of the Rome Statute.

In accordance with its preliminary screening policy, it may also, at this stage of the analysis, collect information on corresponding national procedures. Any alleged crime that might be committed in the future in the same situation could also be the subject of the bureau’s analysis.

The report aims to raise public awareness and promote transparency regarding the office’s preliminary examination process and related activities.