Sahel nations exit the International Criminal Court: a major setback for human rights
The Global Initiative Against Impunity (GIAI), a coalition including 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 expressed strong disapproval of the decision by Burkina Faso, Mali, and Niger to withdraw from the Rome Statute of the International Criminal Court (ICC). This move represents a significant retreat from the historic leadership African nations have shown in the global fight against impunity. It threatens to weaken the foundations of international justice at a time when global solidarity is essential.
Legal timelines and ongoing obligations
While the three members of the Alliance of Sahel States (AES) announced an “immediate” departure on 22 September, the legal reality is governed by Article 127 of the Rome Statute. According to this provision, a state must submit a formal written notification to the United Nations Secretary-General, and the withdrawal only becomes official one year later. Consequently, Burkina Faso, Mali, and Niger remain legally bound by their obligations, including the requirement to cooperate with the Court, until that period expires. Furthermore, any legal proceedings regarding crimes committed before the withdrawal’s effective date will continue unaffected.
In Mali, several cases are currently active following the government’s 2012 referral to the ICC. The reparations process for the Al Mahdi case, involving the intentional destruction of religious and historical sites in Timbuktu, is nearing completion. Additionally, the Court is expected to rule soon on reparations for the Al Hassan case, following his 2024 conviction for war crimes and crimes against humanity. An active arrest warrant also remains in place for Iyad Ag Ghaly, the alleged leader of the militant group Ansar Dine.
A loss of protection for the vulnerable
African nations were instrumental in the 1998 establishment of the ICC, showing a deep commitment to ensuring that victims of the most horrific crimes have a path to justice when domestic systems fail. By choosing to exit, these states are reversing decades of progress and leaving victims with fewer tools to seek accountability. This follows the exit of these three nations from the Economic Community of West African States (ECOWAS) in early 2025, further isolating the region and stripping away human rights protections provided by the ECOWAS Court of Justice.
Drissa Traoré, Secretary General of the FIDH, noted that this withdrawal is a devastating blow to victims who view the ICC as their final hope. He emphasized that in countries facing complex crises, national courts often lack the political will or the resources to properly investigate international crimes, leaving a dangerous void in the justice system.
International justice under pressure
The decision by the Sahel states comes as the ICC faces increasing political headwinds globally. Earlier this year, Hungary also signaled its intent to leave the Rome Statute, a move that has been widely condemned for undermining the global rule of law. Despite past criticisms regarding a perceived focus on Africa, the ICC has expanded its reach significantly, with active investigations in Ukraine, Palestine, Venezuela, Afghanistan, and the Philippines. Recent actions against high-ranking officials, such as former President Rodrigo Duterte, demonstrate the Court’s growing commitment to universal accountability.
Alix Vuillemain, Executive Director of Women’s Initiatives for Gender Justice (WIGJ), urged member states to remain steadfast in their support for the Court. She argued that retreating into isolation only serves to protect those who commit atrocities and that the global community must move toward more universal participation, not less.
Upholding global standards
The ICC is designed to complement, not replace, national judicial efforts and transitionary justice initiatives. The Rome Statute established fundamental principles, such as the removal of immunity for heads of state and the right of victims to participate in legal proceedings and receive reparations. Abandoning these standards risks eroding human rights protections at the national level. The GIAI is calling on all ICC member states to reaffirm their dedication to the Rome Statute to ensure the Court remains a vital safety net for victims of violence across Africa and the rest of the world.
