Burkina Faso, Mali and Niger have officially begun the year-long legal process of withdrawing from the International Criminal Court (ICC), marking another significant step in the three military-led governments’ effort to distance themselves from Western-backed international institutions.
- Burkina Faso, Mali, and Niger have started the legal process to withdraw from the International Criminal Court (ICC), distancing themselves from Western-backed institutions.
- The countries accuse the ICC of neocolonial bias and selective prosecution of African states while ignoring powerful countries.
- The ICC warns that these withdrawals could undermine global justice and that obligations from their time as members still apply.
- This move is part of a broader shift by the three nations, which have already cut ties with France, left ECOWAS, and strengthened alliances with Russia.
Burkina Faso, Mali and Niger have officially begun the year-long legal process of withdrawing from the International Criminal Court (ICC), marking another significant step in the three military-led governments’ effort to distance themselves from Western-backed international institutions.
The court is the world’s permanent war crimes tribunal, which prosecutes individuals accused of genocide, crimes against humanity, war crimes and the crime of aggression when national courts are unwilling or unable to act.
The ICC confirmed on Wednesday that the three Sahel nations had submitted formal notifications to withdraw from the Rome Statute—the treaty that established the Hague-based court and governs its jurisdiction over genocide, crimes against humanity, war crimes and the crime of aggression. Under Article 127 of the Rome Statute, a withdrawal becomes effective one year after the court receives formal notice.
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Claims of neocolonial bias
The three governments first announced their intention to leave the ICC in September 2025, describing the court as “a tool of neocolonial repression” that disproportionately targets African nations while failing to hold powerful countries to the same standards.
In its latest statement, the ICC warned that the withdrawals could weaken global efforts to combat impunity and undermine justice for victims of the world’s gravest crimes. The court also stressed that leaving the Rome Statute does not erase obligations incurred while the countries were members, meaning ongoing legal responsibilities and existing investigations remain unaffected.
The decision comes as Burkina Faso, Mali and Niger continue battling Islamist insurgencies that have destabilised the Sahel for over a decade. Armed groups linked to al-Qaeda and the Islamic State have expanded their operations across the region, while human rights organisations have repeatedly accused both extremist groups and government security forces of committing serious abuses against civilians. The ICC has maintained an active investigation into alleged war crimes in Mali since 2013, following a referral by the country’s former civilian government.
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A wider geopolitical shift
The withdrawal from the ICC is part of a broader geopolitical realignment by the three neighbours. Since a series of military coups between 2020 and 2023, Burkina Faso, Mali and Niger have severed defence ties with France, withdrawn from the Economic Community of West African States (ECOWAS), unveiled a common biometric passport, announced plans for a regional investment bank and stabilisation fund, and strengthened military cooperation with Russia as they pursue greater political and economic autonomy.
For supporters of the juntas, the ICC withdrawal represents another assertion of national sovereignty. Critics, however, argue that leaving the world’s only permanent international criminal tribunal could further limit avenues for accountability in a region already grappling with conflict, political instability and allegations of widespread human rights violations.
Although the withdrawal process has now formally begun, the three countries will remain bound by the Rome Statute until the one-year notice period expires, and any obligations arising during their membership will continue beyond their eventual exit.
