ICC Offering Reduced Sentences For States That Remain Members

Bensouda and her colleagues now face the prospect of a raft of withdrawals from the Court and the undermining of their effort to uphold international law.

The Hague, November 17 – Plagued by a spate of recent withdrawals from the treaty that established the International Criminal Court, the body will try to prevent more nations from following suit by promising that nationals of the countries that elect to stay will be given preferential treatment in sentencing if convicted, a Court representative announced today.

Chief Prosecutor Fatou Bensouda told reporters at a press conference Thursday morning that following the declaration by several member states that they will withdraw from ratification of the Rome Statue that established the ICC, the Court administrators formulated an incentive package to keep the remaining 120 countries from leaving.

South Africa, Burundi, Gambia, and now Russia have decided not to remain members of the body, giving rise to fears that the Court will lose the broad international support necessary for it to bring war criminals to justice. Philippine leaders voiced similar intentions yesterday, and Bensouda and her colleagues now face the prospect of a raft of withdrawals from the Court and the undermining of their effort to uphold international law. Several of the nations that have announced their withdrawal are involved in military actions that could be subject to the court’s jurisdiction, and numerous others in similar circumstances might consider shielding their military and political leaders from ICC prosecution by simply removing themselves from acceptance of the Rome Statue. To forestall such an exodus, the ICC has  put forth specific leniencies for citizens of members convicted of crimes against humanity, war crimes, and other violations prosecutable before the Court.

“We value the membership of each and every country, and are willing to offer accommodation to those with concerns over their citizens’ treatment before this court, and we urge those who have announced their decision to withdraw to reconsider,” Bensouda explained. “Under these new incentives, Russia need no longer be concerned that its flattening of Aleppo from the air and blatant disregard for civilian life in the process will result in the maximum possible sentences for the personnel involved in the planning and implementation of such massacres, should they ever be brought to trial here and convicted. Burundi may rest easier knowing that any of its personnel involved in atrocities will escape the full force of justice. It may be too late to persuade the governments of these and other states to reverse their decision to withdraw from the Rome Statute, but we do hope that at least such paragons of justice and human rights as our members Afghanistan and Venezuela will see the benefits of remaining party to the Rome Statute.”

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