Bad company

Russia has withdrawn its signature from the Rome statute that founded the International Criminal Court.

Russia has said it is formally withdrawing its signature from the founding statute of the international criminal court, a day after the court published a report classifying the Russian annexation of Crimea as an occupation.

The repudiation of the tribunal, though symbolic, is a fresh blow to efforts to establish a global legal order for pursuing genocide, war crimes and crimes against humanity.

In recent months, three African countries who were all full members of the ICC – South Africa, Burundi and Gambia – have signalled their intention to pull out, following complaints that ICC prosecutions focused excessively on the African continent.

I’d love to be very disapproving, but…the US never signed the Rome statute in the first place.

On Tuesday, the court, which is based in The Hague, published a report that recognised the annexation of Crimea as a military conflict between Russia and Ukraine, and classified it as an occupation.

“According to information received, the situation in the Crimea and Sevastopol is equivalent to the international armed conflict between Ukraine and the Russian federation,” a preliminary report from the ICC prosecutor Fatou Bensouda stated.

“The Russian federation employed members of its armed forces to gain control over parts of the territory of Ukraine without the consent of the government of Ukraine.”

Russia has insisted that Crimea voluntarily joined Russia after a referendum, but international observers say the referendum was hastily organised, did not meet international standards, and was conducted as Russian troops swept through the peninsula. Having initially denied vehemently that Russian troops were involved in the takeover, Putin later admitted it.

Russia may also be concerned about ICC jurisdiction in Syria, where its forces have been repeatedly accused of carrying out war crimes in recent months. HRW and other organisations have called for the ICC to investigate events in Syria.

I’d love to be in a position to say that’s terrible, but…

The ICC has struggled to obtain widespread international acceptance. The US, India and China as well as most Middle Eastern states have declined to ratify the Rome statute which established the court.

About 120 countries, mainly smaller states, have ratified the treaty. The UK is a member of the ICC. The resurgence of nationalist politics, apparent in Brexit and Donald Trump’s presidential election victory, suggests the tide may be turning against international legal institutions.

Down. The direction is down.

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