By: Helmut Mahongo
Following applications dating back to 2025, Burkina Faso, Mali and Niger have officially withdrawn from the International Criminal Court (ICC)
The International Court of Justice recently shared its concerns over the withdrawal of the three Sahel nations, stating that “The Presidency of the Assembly of States Parties to the Rome Statute, in response to steps taken by the Governments of Burkina Faso, Mali, and Niger towards withdrawal from the Rome Statute, the treaty establishing the ICC, has taken note of the situation with concern.”
The Rome Statute serves as the constitution of the international body, with the Presidency of the Assembly of States Parties serving as the management oversight and legislative arm of the court.
The Presidency also shared possible security concerns of the withdrawal, noting that “Decisions by States Parties to disengage from the Rome Statute risk undermining the collective pursuit of justice and weakening global efforts to end impunity.”
Niger was the first of the three nations to submit its notification on 18 June 2025, with Mali and Burkina Faso following shortly after on the 24th of June.
The West African countries announced their interest to withdraw from the ICC in September last year in a joint statement, labelling the ICC “an instrument of neo-colonial repression in the hands of imperialism.”
In its formal withdrawal notification, the government of Niger stated that, “The decision to withdraw stems from the observation that while the Court had raised great hopes among people who cherish peace and justice, it has been misused and exploited.”
Burkina Faso said, when it agreed to the Rome Statute, it was advocating “for the hope of contributing to the establishment of an international order based on justice, equity and the fight against impunity.”
To this, the Burkinabe government stated that “it must be acknowledged that, over time, the Court gradually moved away from its founding ideals, becoming a selective and politicised tool.”
The Malian government also echoed its commitment to fighting against impunity and promoting the protection of human rights. It added that forming part of the ICC no longer served that purpose, as that goal “is regularly hindered by the exploitation of the Court for political purposes.”
Section 127(1) of the Rome Statute states that, a member state can, in writing notify the Secretary-General of the United Nations of its withdrawal, only taking effect after a period of one year following said notification, unless the notification specifies a date later than that.
The ICC has been long accused of not being impartial and more so by developing nations, especially those in Africa.
In 2016, South Africa also threatened to withdraw from the Court. In early 2017, the African Union held a closed-door session about a collective withdrawal, but did not follow through.
Major powers including China, India, Russia, the US and Israel do not form part of the Court’s 125 active members, also said to bring into question international security accountability gaps.
