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Mali, Burkina Faso, and Niger have announced their intention to withdraw from the International Criminal Court (ICC), accusing it of selective justice and neocolonial practices.
Bamako/Niamey/Ouagadougou — September 23, 2025, 07:45 UTC
Mali, Burkina Faso, and Niger have announced their intention to withdraw from the International Criminal Court (ICC), accusing it of selective justice and neocolonial practices. The three countries, all currently under military governments, say they will instead pursue “indigenous mechanisms” for justice and accountability.
In a joint statement, the ruling juntas in Mali, Burkina Faso, and Niger declared the ICC to be “an instrument of neo-colonial repression.”
They assert that the Court has not been capable of fully prosecuting war crimes, crimes against humanity, genocide, or aggression in a manner that is fair and unbiased.
The three countries are part of the military regimes that took over through coups between 2020 and 2023. They have also distanced themselves from Western alliances and have formed their own bloc, the Alliance of Sahel States (AES).
Withdrawal Mechanism: They are party to the Rome Statute (the treaty that established the ICC). Under Article 127 of the Rome Statute, countries may withdraw by notifying the United Nations Secretary-General. However, the withdrawal only becomes effective one year after that notification.
Limitation: Even after withdrawal takes effect, it does not absolve the withdrawing countries from obligations that arose while they were ICC members — in particular, ongoing investigations initiated before the withdrawal remain valid and prosecutable.
Justice & Human Rights Implications: These countries face significant internal insecurity (notably conflict with Islamist militant groups). International watchdogs have also accused both militants and national forces of abuses. Withdrawal could limit external oversight.
Regional Diplomacy: This move further signals the distancing of the Sahel states from Western influence, aligning more with non-Western powers. It also puts the AES bloc in sharper relief as a political/diplomatic alternative to ECOWAS and other regional structures.
Precedent Setting: Few countries have withdrawn fully from the ICC. This could embolden others who believe that international justice institutions are unfair.
The exact date each country will formally notify the UN and when the one-year withdrawal clock starts.
What the “indigenous mechanisms” they propose will look like — their legal structure, powers, and how independent they will be.
The internal reaction: how civil society groups, victims of abuse, and local populations respond.
Whether this withdrawal could complicate existing ICC investigations or arrest warrants within those countries.
|
Date |
Event |
|---|---|
|
2020-2023 |
Military coups in Mali, Burkina Faso, and Niger. |
|
Before 2025 |
Signing of the Rome Statute; membership in ICC. Very long-standing. |
|
Sep 22-23, 2025 |
Joint announcement of withdrawal from ICC by the three states. |
When exactly the formal notification to the UN will be made.
Whether any legal challenges emerge from victims seeking access to justice in the ICC, or from other states.
How the Sahel countries’ proposed local justice mechanisms will address conflict-related grievances.
The international response — particularly from human rights bodies, the ICC itself, the African Union, ECOWAS, and Western states.
Editor’s Note:
This article is based on reports from AP, Reuters, Le Monde, Business Insider, and Africa media outlets. While the statements have been published by the governments of Mali, Burkina Faso, and Niger, full legal documents of withdrawal were not available at the time of writing.
