Mali, Burkina Faso, and Niger, three military-led West African nations, have announced their collective withdrawal from the International Criminal Court (ICC). The nations, united under the Alliance of Sahel States (AES), have characterized the Hague-based tribunal as an "instrument of neo-colonial repression" and criticized its "selective justice" practices. This significant geopolitical shift challenges international judicial mechanisms and reflects a broader trend of African nations reassessing their global institutional engagements.
The governments of Mali, Burkina Faso, and Niger stated that the ICC has demonstrated an inability to effectively prosecute war crimes, crimes against humanity, genocide, and aggression. They expressed an intention to develop "indigenous mechanisms for the consolidation of peace and justice" that align with their societal values. This sentiment echoes long-standing criticisms from African nations that the ICC disproportionately targets the continent, with a significant majority of its cases historically involving African countries since its establishment in 2002.
The withdrawals, though announced, will officially take effect one year after notification to the United Nations. This period allows for ongoing investigations to continue. The decision follows a pattern of regional instability, with all three countries experiencing military coups between 2020 and 2023. Prior to this ICC withdrawal, the juntas had already coordinated their exit from the Economic Community of West African States (ECOWAS), citing similar grievances regarding perceived external influence.
These nations have increasingly pivoted towards Russia for military and political support, a shift that has accelerated as they distance themselves from Western partners, including former colonial power France. This geopolitical realignment is further underscored by Russia's own contentious relationship with the ICC, which issued an arrest warrant for President Vladimir Putin in 2023. The Sahel region remains a critical area in the fight against persistent jihadist insurgencies linked to Al-Qaeda and the Islamic State.
Human rights organizations and UN experts have raised serious concerns regarding alleged war crimes and atrocity crimes committed by both state-aligned forces and extremist groups in Mali and Burkina Faso. While national authorities have initiated investigations into these accusations, the lack of public conclusions raises questions about domestic accountability mechanisms. The collective withdrawal from the ICC signifies a growing assertion of regional sovereignty and a challenge to the court's universal jurisdiction, potentially encouraging other nations to reconsider their participation in international legal frameworks and fragmenting global efforts to ensure accountability for heinous crimes.