Sahel States’ Decision to Leave the International Criminal Court: A Blow to Victims and Global Justice
The Global Initiative Against Impunity (GIAI), which includes prominent organizations like the International Federation for Human Rights (FIDH), the Coalition for the International Criminal Court (CCPI), Redress, Trial International, and Women’s Initiatives for Gender Justice (WIGJ), has strongly condemned the announced withdrawal of Burkina Faso, Mali, and Niger from the Rome Statute of the International Criminal Court (ICC). This move represents a significant setback, undermining decades of African leadership in the fight against impunity. It not only weakens the ICC but also jeopardizes the broader project of international justice, especially at a time when unity is critical.
September 26, 2025: The withdrawal cannot take effect immediately.
On September 22, the three member states of the Alliance of Sahel States (AES) — Burkina Faso, Mali, and Niger — announced their intention to withdraw from the ICC with immediate effect. However, according to Article 127 of the Rome Statute, a state must submit a written notification to the UN Secretary-General to withdraw from the treaty, and the withdrawal only takes effect one year after this notification. Until then, Sahel states remain fully bound by their obligations under the Rome Statute, including the duty to cooperate with the Court. The withdrawal will not affect ongoing proceedings related to crimes committed before the effective date of their withdrawal.
Currently, cases related to the situation in Mali, referred to the Court by the Malian government in July 2012, are ongoing before the ICC. The reparations process in the Al Mahdi case is in its final stages. Al Mahdi was sentenced on September 27, 2016, for intentionally directing attacks against religious and historic buildings in Timbuktu. Furthermore, the Court is expected to issue a decision on reparations in the Al Hassan case in the coming months, following his conviction on June 26, 2024, for war crimes and crimes against humanity also committed in Timbuktu. An arrest warrant also remains active against Iyad Ag Ghaly, the alleged leader of Ansar Dine, a jihadist group active in Mali.
From leadership to withdrawal: victims left behind
African states played a crucial role in establishing the ICC in 1998, ratifying the Rome Statute in large numbers and even referring national situations to the Court’s jurisdiction. This commitment provided victims of the most serious crimes with a vital international ally when justice was unattainable at the national level. The announced withdrawal contradicts this legacy of leadership, leaving victims with diminished means to seek justice.
This decision follows the exit of the three states from the Economic Community of West African States (ECOWAS) in January 2025, another institution they helped shape and which has a strong human rights track record through its Court of Justice. These withdrawals mark a regression in the fight against impunity, leaving victims without recourse, weakening human rights protections, and increasing isolation at a time when regional and international cooperation are most needed, particularly in countries grappling with terrorism-related atrocities.
“The decision to withdraw from the ICC undermines the situation of victims, for whom the Court often represents their last hope for justice. After leaving ECOWAS, the loss of ICC protection leaves victims in Burkina Faso, Mali, and Niger without recourse for the most serious human rights violations they continue to endure,” stated Drissa Traoré, Secretary-General of FIDH. “In these countries facing multidimensional crises, national jurisdictions remain unable to provide justice and reparations to victims due to a lack of political will and an inability to investigate war crimes and crimes against humanity.”
A blow to vulnerable international justice
The announced withdrawal by Burkina Faso, Mali, and Niger comes at a time when international justice faces mounting pressure. Earlier this year, Hungary also announced its intention to leave the Rome Statute, a move widely criticized for undermining the global fight against impunity.
While the ICC has faced criticism in the past for the selectivity of cases and a perceived overemphasis on Africa, the Court has made strides in broadening its mandate’s universality. It now conducts investigations and cases far beyond the African continent, including in Afghanistan, Bangladesh/Myanmar, Palestine, Ukraine, Venezuela, Libya, and the Philippines. Recent arrests of Libyan suspects and the former President Rodrigo Duterte demonstrate that no region or high-ranking official is beyond the reach of justice. This universality strengthens the Court’s legitimacy but also makes it more vulnerable to political attacks.
“States parties must demonstrate resilience and reaffirm their commitment to the Court, the fight against impunity, and the rights of victims worldwide,” emphasized Alix Vuillemain, Executive Director of Women’s Initiatives for Gender Justice (WIGJ). “At a time when the Court faces mounting attacks, states must move toward universality, not retreat. Turning away now only strengthens impunity.”
The role of states in preserving international norms
The ICC’s role in international justice is substantial. It does not replace but complements existing mechanisms such as truth-seeking processes and transitional justice initiatives, which are essential for sustainable peace. The Rome Statute enshrines key principles that underpin international justice: no immunity for heads of state, complementarity with national jurisdictions, and victims’ rights to participate in judicial processes and seek reparations. The withdrawal from the Statute risks weakening these protections at the national level and compromising decades of progress in establishing global norms against impunity.
The GIAI urges all ICC States Parties to reaffirm their commitment to the Rome Statute. As victims in Africa and worldwide face escalating violence, it is essential to preserve the ICC as a court of last resort.
