Uganda Considers ICC Exit Amidst US Sanctions Over Prosecutorial Independence

Uganda has issued a strong warning that it may withdraw from the International Criminal Court (ICC) should the tribunal decide to investigate or indict any Ugandans. This statement comes in the wake of the United States announcing sanctions against the ICC over its pursuit of American citizens and other political figures.

Ambassador Adonia Ayebare, Uganda’s Minister of Foreign Affairs, expressed that Kampala would not hesitate to leave what he described as an “increasingly rogue institution.” Ayebare accused the ICC of undermining national sovereignty and disproportionately targeting African officials, deviating from its original global mandate.

He further alleged that some member states are targeting senior ICC officials, including former prosecutor Karim Khan, for exercising their prosecutorial independence. “Uganda will not hesitate to leave this increasingly rogue institution should it ever investigate or indict our people,” Ayebare stated, emphasizing that Uganda would continue advocating for reforms as a member of the ICC Bureau.

Uganda, a signatory to the Rome Statute since June 2002, has a history of cooperation with the ICC, even referring the Lord’s Resistance Army (LRA) situation in northern Uganda to the court. The ICC opened investigations in 2004, leading to the conviction of former LRA commander Dominic Ongwen. Despite this past cooperation, periodic criticisms of the ICC’s handling of African cases have surfaced.

The current dispute is amplified by the US administration’s escalating pressure on the ICC. The US government, not a party to the Rome Statute, has long opposed the court’s jurisdiction over its citizens. The recent sanctions by the Trump administration target transactions with the court, with Secretary of State Marco Rubio stating, “Either the ICC will end its threats, or we will end the ICC.”

This standoff highlights a significant challenge for international justice, particularly as the ICC faces accusations of overreach while also dealing with political attacks on international law institutions. For Uganda, the decision to potentially withdraw presents a complex choice regarding its commitment to international accountability mechanisms.

Uganda’s withdrawal, if pursued, would follow a formal procedure outlined in the Rome Statute, requiring notification to the UN Secretary-General and taking effect one year later. However, ongoing legal obligations and proceedings would likely not be automatically terminated.