The Impact Of A State’s Sovereign Right To Withdraw From The Rome Statute On International Criminal Justice: A Case Of Kenya

Abstract

This study will analyze the legal, substantive and procedural framework on withdrawal from the Rome Statute. This analysis will build the already existing jurisprudence on the Rome Statute by explaining the steps that any withdrawing state from the Rome Statute must follow to successfully withdraw. After appreciating the process of withdrawal from the Rome Statute, this study will conceptualize the legal and diplomatic implications of any such withdrawal. The study will use Kenya as a case study by evaluating the legal and diplomatic implications on her if she successfully withdraws from the Rome Statute. The general observation seen from this study is that any state party to the Rome Statute has a right to withdraw and thus cut ties with the ICC if it adheres strictly to article 127 of the Statute. However, this study finds out that despite this right, withdrawal is more detrimental to the interests of any withdrawing state even though the withdrawing state may have legitimate reason for its withdrawal. In this respect, this study recommends that if a state is aggrieved by the workings of the ICC, rather than leave the Statute in protest, it should build a consensus with other state parties and seek a way of rectifying the shortcomings of the court. Therefore, the study encourages cooperation with the ICC and with other state parties