In a move that has sent shockwaves across international justice circles and the wider West African region, Burkina Faso, Mali, and Niger have jointly announced their intention to withdraw from the International Criminal Court (ICC). The statement, delivered on September 22, 2025, by the military leaders of the three Sahel nations, marks a dramatic escalation in the ongoing diplomatic and political upheaval that has gripped the region since a series of military coups began in 2020.
The trio, now governed by military juntas, declared in their joint statement that the ICC is "a tool of neo-colonial repression," and accused the court of being incapable of prosecuting war crimes, crimes against humanity, genocide, and crimes of aggression. According to Human Rights Watch, the announcement comes at a particularly turbulent time for the Sahel, where both government forces and Islamist insurgents have been accused of grave human rights violations. The three countries have battled insurgencies linked to Al Qaeda and the Islamic State for over a decade, with atrocities committed by all sides.
"The leaders of Burkina Faso, Mali, and Niger, in announcing their departure from the International Criminal Court, are depriving their populations of an important international avenue for justice and redress," said Liz Evenson, international justice director at Human Rights Watch. "The ICC is a global court of last resort, when victims have nowhere else to turn, with investigations in countries around the world."
Despite the strong rhetoric of immediate withdrawal, the process is not instantaneous. Under the Rome Statute—the ICC's founding treaty—a country must formally notify the United Nations secretary-general of its intention to withdraw. The withdrawal takes effect one year after this notification. Until then, Burkina Faso, Mali, and Niger remain bound by their ICC obligations.
The three countries have not yet completed this formal step, but the symbolism of their announcement is unmistakable. The statement also made clear that they will not recognize the authority of the ICC, and signaled an intention to develop "indigenous mechanisms for the consolidation of peace and justice." This echoes criticism long leveled at the ICC by some African leaders, including Rwanda’s President Paul Kagame, who accuse the court of holding an anti-African bias. As noted by the BBC, out of 33 cases launched by the ICC since its establishment in 2002, all but one have involved African countries.
The Sahel region has been in turmoil since 2020, with eight coups taking place across West Africa, including in Burkina Faso, Mali, and Niger. The military juntas that seized power have repeatedly delayed the return to democratic civilian rule, cracked down on opposition and dissent, and restricted media and civic space. In January 2025, the three countries simultaneously withdrew from the Economic Community of West African States (ECOWAS), after rejecting demands to restore democracy. They have since formed the Alliance of Sahel States, a new regional bloc, and have sought closer ties with Russia while curtailing defense cooperation with Western powers, especially France.
The ICC has played a significant role in the region, particularly in Mali. Following a 2012 referral by the Malian government, the ICC opened an investigation into alleged war crimes and crimes against humanity in northern Mali, where Islamist militants had seized control of large areas. The court’s efforts have led to notable convictions. In September 2016, Ahmad al-Faqi al-Mahdi was sentenced to nine years in prison after pleading guilty to participating in the destruction of religious and historic buildings in Timbuktu. In November 2024, Al-Hassan Ag Abdoul Aziz was sentenced to 10 years for war crimes and crimes against humanity, including torture, committed in Timbuktu between April 2012 and January 2013. Most recently, in June 2024, the ICC unsealed an arrest warrant for Iyad Ag Ghaly, head of the Al Qaeda-linked Group for the Support of Islam and Muslims (JNIM), accusing him of war crimes and crimes against humanity in northern Mali.
Yet, the military governments of Burkina Faso, Mali, and Niger have criticized the court’s record, claiming it has failed to effectively prosecute the most egregious crimes. Their joint statement did not specify any concrete examples but insisted that the ICC is ineffective and biased. The countries also pointed to their desire to establish their own systems of justice, though critics argue that the lack of judicial independence and the ongoing repression in these states make this an unlikely prospect.
Human rights organizations and international legal experts have raised alarm about the consequences of the withdrawal. "The announced withdrawal from the ICC treaty by Burkina Faso, Mali, and Niger will undermine accountability and deprive people in the Sahel of a critical layer of human rights protection when national courts are unable to check impunity for the worst crimes," Evenson told Human Rights Watch. Victims and their families have long struggled to obtain justice in national and regional courts, and the ICC has often served as the only viable avenue for redress.
The region’s militaries, often assisted by foreign mercenaries and abusive militias, have been implicated in brutal counterinsurgency operations that have resulted in the deaths, unlawful detentions, and forced displacement of tens of thousands of civilians. In April 2025, UN experts reported the alleged summary execution of several dozen civilians by Malian forces, acts that may amount to war crimes. Islamist militants, meanwhile, have carried out killings, attacks on schools and humanitarian convoys, and sieges of towns.
The ICC itself is no stranger to political pushback. The United States, under the Trump administration, imposed sanctions against ICC officials to thwart investigations into alleged crimes in Palestine. Russia, too, has issued arrest warrants for the ICC prosecutor and several judges in retaliation for the court’s March 2023 warrant against President Vladimir Putin for alleged war crimes in Ukraine. The three Sahel countries’ growing closeness with Russia has raised questions about the geopolitical motivations behind their withdrawal.
Burundi and the Philippines are among the few countries to have previously withdrawn from the ICC. Notably, in March 2025, former Philippine President Rodrigo Duterte was arrested and transferred to the ICC on charges of crimes against humanity related to alleged extrajudicial killings during his presidency.
As the world watches, the African Union and many civil society organizations are urging Burkina Faso, Mali, and Niger to reconsider their decision. "The African Union and ICC member countries should urge Burkina Faso, Mali, and Niger to uphold justice and the rule of law and remain members of the court," Evenson emphasized.
The coming months will reveal whether the three Sahel countries follow through with their withdrawal or bow to regional and international pressure. For now, the future of justice and accountability in the Sahel hangs in the balance, with victims of atrocities left wondering where, if anywhere, they can turn for redress.
