Why Burkina Faso, Mali, and Niger Left the ICC

Three West African countries, Burkina Faso, Mali, and Niger, have announced their immediate withdrawal from the International Criminal Court (ICC).

In a joint statement signed by Mali’s President, Colonel Assimi Goïta, the three Sahel states accused the ICC of serving as a tool of “neo-colonialism” and practising “selective justice.” 

They argued that the court relentlessly targets actors in less privileged countries and has “proven incapable” of prosecuting the world’s worst crimes fairly.

This move is the latest step by the junta-led governments, which previously withdrew from the regional bloc ECOWAS and formed their own Alliance of Sahel States (AES).

The three countries said they are determined to uphold their sovereignty by strengthening local peace and justice systems, committing to human rights, and fighting impunity in line with their societal values.

Established in 2002, the ICC is mandated to prosecute genocide, crimes against humanity, war crimes, and the crime of aggression. Since its creation, the court has received thirty-three cases.

Criticism of the court is not new. Rwanda’s President, Paul Kagame, has accused the ICC of bias aimed primarily at trying Africans. Supporters of the court, however, argue that weak judicial systems in some countries make international mechanisms necessary for victims seeking justice.

Amid ongoing insecurity driven by jihadist groups, the Sahel governments have cut ties with several Western partners, including France, their former colonial power, while building new relationships with Russia to boost military support and pursue economic interests.

Thirty-three of Africa’s fifty-four countries are members of the ICC, which has opened investigations in several states, including the Central African Republic, the Democratic Republic of Congo, Kenya, Libya, Mali, Sudan, Uganda, and Côte d’Ivoire.

Under the treaty that created the ICC (the Rome Statute), withdrawals are permitted but only take legal effect one year after formal notice is given.

In 2017, Burundi became the first, and so far only, African country to successfully withdraw from the ICC.