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WITHDRAWAL FROM THE ROME STATUTE: ITS IMPACT ON THE CONTINUITY OF ICC
PROCEEDINGS

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Yudan Tan
Yudan Tan
East China University of Law and Political Science
, Shanghai,
China
Corresponding author: tina18tan8@gmail.com
  https://orcid.org/0000-0002-9732-4428
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Journal of International Criminal Justice, mqae022,
https://doi.org/10.1093/jicj/mqae022
Published:
11 July 2024

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   Yudan Tan, Withdrawal from the Rome Statute: Its Impact on the Continuity of
   ICC Proceedings, Journal of International Criminal Justice, 2024;, mqae022,
   https://doi.org/10.1093/jicj/mqae022
   
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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.

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