Burkina Faso, Mali and Niger Begin Formal Withdrawal from the International Criminal Court
On Wednesday the International Criminal Court (ICC) confirmed that Burkina Faso, Mali and Niger had submitted the required notices to withdraw from the Rome Statute, the treaty that established the Hague‑based tribunal. Under Article 127 of the statute, the withdrawal will take effect one year after the court receives the notification, meaning the three Sahel states will remain parties to the ICC until September 2026.
Claims of neocolonial bias
The military‑led governments first announced their intention to leave the ICC in September 2025, describing the court as “an instrument of neo‑colonial oppression” that disproportionately targets African nations while sparing powerful states from scrutiny. This narrative echoes long‑standing criticisms from some African scholars and policymakers who argue that the ICC’s docket has historically focused on conflicts in Africa, despite similar atrocities occurring elsewhere.
Human Rights Watch noted in a 2024 report that African cases accounted for roughly 70 percent of the ICC’s investigations between 2002 and 2022, even though the continent represents less than 20 percent of the global population (HRW, 2024). The juntas argue that this pattern undermines the court’s legitimacy and fuels perceptions of bias.
A broader geopolitical shift
The ICC withdrawal is part of a wider realignment among Burkina Faso, Mali and Niger. Since a series of coups between 2020 and 2023, the three countries have:
- Terminated defense agreements with France and expelled French troops;
- Withdrawn from the Economic Community of West African States (ECOWAS) and formed the Alliance of Sahel States;
- Introduced a common biometric passport to facilitate regional movement;
- Announced plans for a joint investment bank and stabilization fund;
- Deepened military cooperation with Russia, including the deployment of Wagner Group personnel and the acquisition of Russian‑made equipment.
These moves reflect a strategic push for greater political and economic autonomy, as highlighted by the International Crisis Group in its 2025 Sahel security outlook (ICG, 2025).
Implications for justice and accountability
The ICC warned that the withdrawals could weaken global efforts to combat impunity and hinder justice for victims of grave crimes. However, the court also clarified that exiting the Rome Statute does not erase obligations incurred during membership; ongoing investigations, including the Mali war‑crimes probe initiated in 2013 after a referral by the former civilian government, will continue.
Legal scholars point out that the principle of “continuity of obligations” means that alleged crimes committed while the states were parties to the statute remain prosecutable, even after formal withdrawal (ICJ, Advisory Opinion on Reservations to the Genocide Convention, 1951). Nonetheless, the practical ability to gather evidence and secure cooperation may diminish without the states’ formal participation.
Context of ongoing conflict
The Sahel region has faced a protracted Islamist insurgency since 2012, with groups affiliated to al‑Qaeda and the Islamic State expanding their reach across Burkina Faso, Mali and Niger. According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), more than 2.4 million people were internally displaced in the three countries by the end of 2024, and civilian casualties exceeded 4,500 in the same period (OCHA, 2024). Both extremist factions and state security forces have been accused of abuses, including extrajudicial killings, torture and forced displacements.
While the ICC’s Mali investigation has yielded several arrest warrants, limited access and security challenges have hampered prosecutions. The impending withdrawal raises questions about how accountability mechanisms will evolve in a landscape where regional bodies are also being re‑configured.
Looking ahead
Over the next year, Burkina Faso, Mali and Niger will continue to engage with international partners on security, development and humanitarian issues, even as they distance themselves from the ICC. Observers suggest that alternative accountability pathways—such as regional courts, hybrid tribunals, or strengthened national judicial capacities—may gain prominence if the states pursue them in good faith.
For now, the withdrawal process underscores a pivotal moment in the Sahel’s quest for sovereignty, while also highlighting the enduring tension between regional autonomy and the global pursuit of justice.
