Withdrawal from the Rome Statute

Abstract

This article examines the implications of a state party’s withdrawal from the Rome Statute, with a particular focus on its impact on the continuity of International Criminal Court (ICC) proceedings in an ongoing situation, especially during the preliminary examination phase. It begins by scrutinizing three distinct ways of addressing the implications of a state party withdrawal employed by the ICC, drawing insights from key decisions in the Burundi and Philippines situations, as well as scholarly viewpoints on the issue. It then analyses the legal consequences of withdrawal on ICC proceedings, both in situations where the investigation is initiated by the Office of the Prosecutor and those triggered by state party referral. This article argues that the authorization of an investigation in the Philippines situation may have exceeded the bounds set by the Rome Statute.