Chad becomes fifth nation to initiate ICC withdrawal amid US pressure and prosecutor dismissal

Chad has formally begun the process of withdrawing from the International Criminal Court (ICC), becoming the fifth country to do so in recent months, following Venezuela, Burkina Faso, Mali and Niger. The announcement came in a statement from the Chadian government spokesperson on Monday, according to RFI.

The statement said Chad notified the UN Secretariat of "its sovereign decision to withdraw from the Rome Statute and the International Criminal Court (ICC)." The decision follows "an in-depth review of the functioning of the International Criminal Court since it began operating in 2002, as well as its record whose effectiveness remains limited and uneven," the spokesperson said. The Chadian government also pointed to the Court's "judicial activity focused on the Global South in general and the African continent in particular, which have become the willing victims of the ICC's political instrumentalisation."

According to the Chadian government, of the 13 investigations opened by the court since it came into force, nine concern African states, and only four in other regions of the world "but without any concrete progress." The government added that "the court has only seven people in custody, six of whom are being prosecuted in African situations."

The decision comes amid claims by national and international organisations of Chad's suspected involvement in the conflict in neighbouring Sudan.

Prosecutor dismissal and leadership vacuum

The announcement came just days after 82 of the court's 125 member states voted to dismiss prosecutor Karim Khan for serious misconduct, as reported by Reuters. That vote triggered an election process for a new prosecutor, but details still have to be hammered out, and a vote is not expected before the new year.

After Khan's removal, the court said it will continue to carry out its mandate. "The ICC remains firmly committed to advancing accountability and delivering justice for victims of crimes that deeply shock the conscience of humanity," it said in a statement.

While member states consider the procedure to find Khan's replacement, the office of the prosecutor will be run by the current deputy prosecutors, Nazhat Shameen Khan from Fiji and Senegal's Mame Mandiaye Niang, according to Reuters.

US pressure and sanctions concerns

Court watchers say it may be hard to find a good replacement for Khan amid the US's ramped-up diplomatic campaign, Reuters reported. "Who is now going to want to nominate for a position that has such challenges, because they know they will automatically be sanctioned by the US," Melanie O'Brien, professor of international law at the University of Western Australia, told Reuters.

Washington wants the ICC to drop its arrest warrants against Israeli leaders, Reuters reported. The US has been waging a diplomatic campaign to undermine the court, and sanctions loom over the search for a new prosecutor.

Broader context of withdrawals

The withdrawal announcements from Burkina Faso, Mali and Niger were formally started in early July, according to RFI. The Sahel states' withdrawals, which will take a year to go into effect, have prompted NGOs to warn of "impunity" over war crimes. Venezuela also began the formal procedure late on Friday, after the ICC had been conducting investigations into allegations of crimes against humanity by the previous government.

Chad's withdrawal adds to a growing list of African nations leaving the court, citing concerns about its focus on the Global South and its limited effectiveness.