The recent decision by Burkina Faso, Mali and Niger to withdraw from the ICC has raised alarms among international organizations, warning of a potential setback in the fight against impunity in Africa. 

The three countries, members of the Sahel States Alliance (AES), justified their decision by claiming that the ICC is a “neocolonial repression tool” and a “selective justice” mechanism controlled by imperial powers. 

Amnesty International (AI) described this move as a blow to victims and survivors of war crimes, crimes against humanity, and genocide in the region. “Once the withdrawal takes effect, the ability of victims to seek justice at the ICC will be severely compromised if they cannot do so in their own countries,” said Marceau Sivieude, AI’s Director for West and Central Africa. 

The regional director added that if the countries have “legitimate” concerns about the alleged selectivity of the ICC, they should raise them within the plenary as states parties to the Rome Statute, instead of withdrawing. 

“These withdrawals will not resolve those concerns: they will only deprive victims of any prospect of justice and protection provided by the Rome Statute,” Sivieude emphasized. 

The position of African countries

The three African states announced they would rely on “endogenous mechanisms for peace and justice consolidation,” committing to cooperate with the United Nations and other member states within “appropriate frameworks for the promotion and protection of human rights and respect for sovereignty.” 

Mali, Niger, and Burkina Faso are currently governed by military juntas that, in 2023, established the AES with a common defense pact against jihadist groups and objectives for regional economic cooperation. 

The decision to leave the ICC has drawn international criticism, with concerns that it may limit accountability for serious crimes and weaken international justice mechanisms in Africa. 

Experts warn that the withdrawal could set a precedent for other countries in the region, increasing impunity and making the work of international courts in protecting human rights more difficult.