Chapter 1.9 Effect of Withdrawal (Article XI)

Effect of Withdrawal (Article XI)

Under Article XI, a state may withdraw from the ICJ by specifically repealing the statute that created the Compact.  The effective date of withdrawal is the effective date of the repeal.  The withdrawing state is obligated to notify the Commission, which in turn must notify the member states.  The withdrawing state is responsible for all outstanding financial obligations that it incurred while a member.

In addition to the technical consequences of withdrawal is one major substantive consequence.  Once a state withdraws from the compact, it effectively repeals between itself and other states the mechanism by which states manage the interstate movement of juvenile delinquents and status offenders.  In short, a withdrawing state is not bound by the compact but neither are any other states in relation to the withdrawing state.  Therefore, a withdrawing state would have no mechanism to coordinate the sending and receiving of juveniles between itself and other states.  A withdrawing state would not be limited nor could it limit the interstate movement of juveniles otherwise subject to the ICJ. The consequences could be both the uncontrolled movement out, as well as the uncontrolled movement in, of juvenile delinquents and status offenders.  Thus, to manage this movement, a withdrawing state would have to enter into individualized agreements with all other states to ensure coordination and control of transfers of supervision and the return of runaways, escapees, absconders, accused delinquents, and accused status offenders.