Three Sahel states announce withdrawal from the ICC

Burkina Faso, Mali and Niger have announced they are withdrawing from the International Criminal Court (ICC), describing the Hague-based tribunal as an “instrument of neo-colonialist repression”.

The joint move was made public by the three military-led governments, which said they will seek “indigenous mechanisms for the consolidation of peace and justice”.

Under Article 127 of the Rome Statute, a state’s withdrawal takes effect one year after the UN Secretary-General receives formal notification. Withdrawal does not discharge obligations accrued while a state was party to the Statute, nor does it affect cooperation with investigations and proceedings already under way at the date of withdrawal.

The three Sahel countries, all currently governed by juntas following coups between 2020 and 2023, are members of the Alliance/Confederation of Sahel States (AES). Earlier this year they completed their departure from the Economic Community of West African States (ECOWAS), consolidating a regional realignment that has seen cooling relations with Western partners and closer security links with Russia.

Mali has been under formal ICC investigation since 2013 after the Bamako government referred alleged crimes to the Court the previous year. Cases have focused on war crimes during the northern conflict, including the destruction of cultural heritage in Timbuktu and abuses by armed groups. Proceedings have led to convictions, while other suspects remain at large.

In their statement, the three governments argued that the ICC has failed to prosecute grave international crimes effectively and accused it of disproportionately targeting poorer countries. Similar criticisms have periodically been voiced by African leaders since the ICC’s early docket featured mainly African situations, often on the basis of state referrals or UN Security Council referrals. Today, however, the Court’s investigations extend beyond Africa, including situations in Georgia, Afghanistan, Bangladesh/Myanmar, the Philippines, Venezuela and Ukraine.

The announcement places the Sahel trio alongside Hungary, which in 2025 initiated withdrawal from the ICC. According to the ICC’s Assembly of States Parties, Hungary’s withdrawal takes effect on 2 June 2026, one year after notification. Prior withdrawals include Burundi (2017) and the Philippines (2019).

The development comes as violence across the central Sahel remains acute, with security forces and jihadist groups both accused by human rights organisations and UN experts of serious abuses against civilians. The ICC has not commented publicly on the AES announcement at the time of writing, but its existing investigations and any cooperation obligations arising prior to the effective withdrawal date would legally remain in place.

The ICC, established in 2002, is mandated to prosecute individuals for genocide, crimes against humanity, war crimes and the crime of aggression where national jurisdictions are unable or unwilling to act. As of April 2025, 125 countries were states parties to the Rome Statute. Major powers including the United States, China and Russia are not members.

The geopolitical context is notable. In 2023 the ICC issued arrest warrants for Russian President Vladimir Putin and the Russian children’s commissioner, alleging unlawful deportation and transfer of Ukrainian children from occupied territory. Subsequent warrants have targeted senior Russian military figures in connection with attacks on civilian infrastructure. The AES governments have cultivated closer ties with Moscow since taking power.

What happens next will depend on formal steps. Should Burkina Faso, Mali and Niger transmit notices of withdrawal to the UN Secretary-General, the one-year clock would start. During that period, the Court can continue to request cooperation on matters already before it, including the Mali situation; obligations incurred before the effective date would persist. Any new “indigenous mechanisms” announced by the AES would operate alongside, not replace, those continuing obligations until withdrawal takes legal effect.

The practical impact for victims and accountability efforts is uncertain. In past withdrawals, cooperation with the ICC has varied: Burundi ceased cooperating after its withdrawal took effect; the Philippines has contested the Court’s jurisdiction over its “war on drugs” but proceedings have continued over conduct when it was a state party. The Rome Statute’s withdrawal clause is designed to limit impunity gaps by preserving the Court’s reach over crimes committed during membership.

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