On September 22, 2025, the ruling military juntas of Mali, Burkina Faso, and Niger made a dramatic announcement: all three West African nations would withdraw from the International Criminal Court (ICC). The decision, delivered through a joint statement, sent ripples across the international legal and diplomatic communities. The military-led governments accused the ICC of being an "instrument of neocolonial repression in the hands of imperialism," and claimed the court had devolved into a global symbol of selective justice. As the world watched, the three states declared their intention to create "indigenous mechanisms for the consolidation of peace and justice," signaling a major shift in their approach to international accountability and sovereignty.
The withdrawal, while momentous, was not entirely unexpected. Over the past five years, the region has experienced a series of military coups that toppled civilian governments in Bamako, Ouagadougou, and Niamey. The juntas that emerged have steadily distanced themselves from longstanding Western partners—including France, the former colonial power—and the West African regional bloc, the Economic Community of West African States (ECOWAS). Instead, these nations have drawn closer to Russia, forging new military and diplomatic ties as they confront escalating violence from jihadist groups linked to al-Qaeda and the so-called Islamic State.
According to BBC, the three countries—now united as the Alliance of Sahel States (AES)—have faced mounting accusations of abuses by both militants and their own armed forces. Human Rights Watch and other advocacy groups have reported possible atrocities committed by both sides, while United Nations experts warned in April 2025 that alleged summary executions of dozens of civilians by Malian forces could amount to war crimes. The ICC itself has had an open investigation in Mali since 2013, focusing on alleged war crimes in the northern regions of Gao, Timbuktu, and Kidal, which had fallen under militant control. France intervened militarily in Mali later that year, following a referral from the Malian government at the time.
The joint statement issued by the three juntas was unequivocal in its condemnation of the ICC. "The ICC has proven itself incapable of handling and prosecuting proven war crimes, crimes against humanity, crimes of genocide, and crimes of aggression," the leaders declared, as reported by DW. They further accused the court of targeting less privileged countries, echoing criticisms previously voiced by Rwandan President Paul Kagame regarding an alleged anti-African bias. Out of the 33 cases launched by the ICC since its inception in 2002, all but one have involved African nations—a statistic that has fueled longstanding resentment and suspicion among some African governments.
The decision to withdraw from the ICC follows a similar move earlier in 2025, when all three countries simultaneously left ECOWAS after rejecting the bloc’s demands to restore democratic rule. The juntas have instead formed their own regional confederation, the Alliance of Sahel States, consolidating their political and security interests. In their latest statement, the three governments also made clear their desire for greater sovereignty and self-determination. "We are seeking more sovereignty," the statement read, as quoted by Al Jazeera, highlighting their intent to develop alternative, locally-driven systems for peace and justice.
While the withdrawal announcement was immediate, the process itself will take time. Under the Rome Statute—the treaty that established the ICC—a country’s withdrawal takes effect one year after notification to the United Nations General Secretariat. This means the ICC technically retains jurisdiction over these countries for another year, and any ongoing investigations or proceedings may continue during this period. The ICC has not yet issued a formal response to the withdrawal decision, but the move raises complex legal and political questions about the future of international justice in the Sahel region.
The broader context of the withdrawal is fraught with tension and violence. The three countries are battling well-armed Islamist groups that control vast swathes of territory and have staged frequent attacks on military installations and civilians alike. In the chaos, accusations of abuses have multiplied—not only against the militants but also against the armies and partner forces of Burkina Faso and Mali. As AP reported, the United Nations and other international bodies have expressed concern about the deteriorating human rights situation, warning that impunity could worsen if international oversight is further weakened.
The relationship between the Sahel states and the ICC has always been complicated. The ICC, headquartered in The Hague, was established in 2002 as the world’s permanent tribunal for prosecuting genocide, crimes against humanity, war crimes, and crimes of aggression. Its mandate is to complement national judicial systems, stepping in only when countries are unable or unwilling to prosecute the gravest crimes. Yet, as noted by DW, major global powers such as the United States, China, Russia, and Israel have never joined the ICC, questioning its legitimacy and reach. In 2023, the ICC issued an arrest warrant for Russian President Vladimir Putin over alleged war crimes in Ukraine, a move that further strained relations between the court and countries aligned with Moscow.
For the Sahelian juntas, the ICC’s perceived bias and ineffectiveness have become rallying points. "[The ICC is an] instrument of neocolonial repression in the hands of imperialism," their statement insisted, as cited by Al Jazeera. The governments argue that the court has failed to prosecute atrocities committed by powerful states, instead focusing disproportionately on African leaders and rebels. This sentiment has found resonance beyond the Sahel, with other African leaders and commentators calling for reforms to the international justice system or even advocating for a pan-African alternative.
While the three countries’ withdrawal from the ICC marks a turning point, it also raises difficult questions. Will the promised "indigenous mechanisms" for peace and justice materialize, and will they be effective in holding perpetrators accountable? Or will the absence of international scrutiny embolden those who commit abuses, further undermining the prospects for justice and reconciliation in a region already scarred by conflict?
As the dust settles, the international community faces a challenge: how to engage with the Sahel states as they chart a new, more sovereign course—one that rejects Western models of justice in favor of homegrown solutions, but must still answer to the demands of victims and the imperatives of human rights. The coming year will be crucial, both for the future of the ICC in Africa and for the millions of people living in the turbulent heart of the Sahel.
The decision by Mali, Burkina Faso, and Niger to withdraw from the ICC is more than a legal maneuver—it’s a statement of intent, a reassertion of sovereignty, and a gamble on the power of regional solidarity. Whether it leads to greater justice and peace or deeper isolation remains to be seen.