The Withdrawal of Burkina Faso, Mali, and Niger from the International Criminal Court and Its Impact on the Future of Mass Atrocities
- Ella Doda
- Jan 22
- 4 min read
Burkina Faso, Mali, and Niger's departure from the ICC sparks tensions over power struggles, selective justice, and alliances.
The International Criminal Court and Its Significance
The International Criminal Court (ICC), established in 2002 by the Rome Statute,[2] is a permanent tribunal tasked with investigating and prosecuting individuals charged with the most serious international crimes: genocide, crimes against humanity, war crimes, and crimes of aggression.[3] Over 120 countries are parties to the Rome Statute, although several world powers, including the United States and Russia, are not.[4]
Still, the ICC has a “special relationship” with the United Nations under Article II of the Rome Statute which allows the UN Security Council (UNSC) members, including the U.S., to vote and veto referrals to the Court, and thereby maintain influence and avoid jurisdiction outside of its membership.[5]
As a court of last resort, prosecutions in the ICC proceed if states are unwilling or unable to do so.[6] The Court exercises jurisdiction for grievous crimes when: 1) the crime is committed by a national of a State Party; 2) the crime is committed on the territory of a State Party; or 3) the State has accepted the jurisdiction of the Court.[7] It may also proceed if the UNSC refers the case to the court.[8]
The ICC can continue operating through the support and cooperation of its member states, which are particularly instrumental in making arrests, transferring inmates, and enforcing sentences.[9]
The Withdrawal of Burkina Faso, Mali, and Niger
On September 22, 2025, Burkina Faso, Mali, and Niger, each ruled by military juntas, signed a joint statement announcing their withdrawal from the ICC, due to purported “selective justice” as demonstrated by the disproportionate number of Africans indicted.[10] According to a representative of the Organization of African Unity,” Africa [has historically] had a particular interest in the establishment of the [C]ourt, since its peoples had been the victims of large-scale violations of human rights over the centuries…”[11] However, the majority of individuals indicted by the ICC today are of African descent, prompting concerns that the Court is “hunting Africans.”[12]
As a result, Burkina Faso, Mali, and Niger plan to use internal methods to impose their own means for peace and justice through the creation of a Sahelian Criminal Court, free of Western-aligned, neo-colonial influence.[13]Researchers suggest there are alternative motives at play. Dr. Owiso Owiso, a legal scholar in international law, believes the military juntas want to avoid exposure to the ICC through performative Pan-Africanism because of their countries’ own human rights violations.[14]
Each military junta faces credible claims of crimes against humanity: in Burkina Faso, the executions of hundreds of civilians;[15] in Mali, days of massacres, executions, and looting;[16] and in Niger, army drone strikes aiming to kill civilians.[17]
Beyond protecting themselves from prosecution, the withdrawal also reflects geopolitical issues arising from the 2023 arrest warrant issued for Russian President Vladimir Putin by the ICC.[18] Russia has formed a close alliance with Burkina Faso, Mali, and Niger, whose governments, as mentioned, have been overthrown by military coups.[19]
The departure process from the ICC takes one year.[20] Many countries, including South Africa and Gambia, have tried before but ultimately did not leave the Court. Criticism persists over the Court’s legitimacy, especially in relation to its arrests and the reasonings behind several of its decisions.
The United States continues to distance itself from the ICC for fear that the court will begin prosecuting Americans, but also in solidarity with Israel. [21] In February, U.S. President Donald Trump signed an executive order to impose sanctions on the ICC, claiming they had “engaged in illegitimate and baseless actions targeting America and our close ally Israel.” [22] This development came after the ICC issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for Israel’s attacks on the Gaza Strip.
The Future of the ICC
The withdrawal of Burkina Faso, Mali, and Niger from the ICC undermines its legitimacy, which depends on state cooperation, and impacts the civilians’ needs for justice against the most serious offenses. [23] Despite its flaws, the ICC remains the only global court for criminal accountability; and without it, criminals’ actions go unchecked. The Sahel region has faced decades of violent attacks against its governments and civilians (e.g., facing insurgencies from Islamist terrorist organizations linked to Al Qaeda).[24] Their own military takeover, assisted by violent mercenaries and militias, has killed thousands of civilians. The departure of these states risks enabling war crimes against its citizens without any repercussions, setting off a domino effect that could undermine the future of international justice and accountabilitypolitics.
[1]Photograph of leaders of the military regimes, in Nathan Morley, Niger, Mali and Burkina Faso Establish New ‘Sahel Alliance’, Vatican News(July 8, 2024, 17:06), https://www.vaticannews.va/en/world/news/2024-07/niger-mali-burkina-faso-sahel-alliance-politics.html.
[2]Rome Statute of the International Criminal Court, May 2024, https://www.icc-cpi.int/sites/default/files/2024-05/Rome-Statute-eng.pdf.
[3]“How the Court Works,” Int’l Crim. Ct., https://www.icc-cpi.int/about/how-the-court-works (Sept. 26, 2025).
[4] Id.
[5]Ruth Maclean & Saikou Jammeh, 3 West African Nations to Leave International Criminal Court, N.Y. Times (Sept. 23, 2025), https://www.nytimes.com/2025/09/23/world/africa/africa-international-criminal-court.html.
[6]How the Court Works, supra note 3.
[7]Id.
[8]Id.
[9]Id.
[10]Maclean & Jammeh, supra note 4.
[11]Melissa Hendrickse, A Chance for Africa to Counter the Pitfalls of International Criminal Justice, Amnesty Int’l (Apr. 22, 2024), https://www.amnesty.org/en/latest/news/2024/04/a-chance-for-africa-to-counter-the-pitfalls-of-international-criminal-justice/.
[12]Id.
[13] Mali, Burkina Faso and Niger to Dole Out Sahel ‘Justice’ After Withdrawal from ICC, The Afr. Rep., https://www.theafricareport.com/392519/mali-burkina-faso-and-niger-to-dole-out-sahel-justice-after-withdrawal-from-icc/?utm_source=chatgpt.com.
[14]Maclean & Jammeh, supra note 5.
[15]Burkina Faso: Army Massacres 223 Villagers, Hum. Rts. Watch (Apr. 25, 2024), https://www.hrw.org/news/2024/04/25/burkina-faso-army-massacres-223-villagers.
[16]Elian Peltier, Mady Camara & Christiaan Triebert, ‘The Killings Didn’t Stop.’ In Mali, a Massacre With a Russian Footprint., N.Y. Times (May 31, 2022), https://www.nytimes.com/2022/05/31/world/africa/mali-massacre-investigation.html.
[17]Human Rights in Niger, Amnesty Int’l, https://www.amnesty.org/en/location/africa/west-and-central-africa/niger/report-niger (Sept. 26. 2025).
[18]Maclean & Jammeh, supra note 4.
[19] Id.
Human Rights Watch, Sahel Countries: ICC Withdrawal Endangers Civilians, https://www.hrw.org/news/2025/09/24/sahel-countries-icc-withdrawal-endangers-civilians (Sept. 24, 2025).
[21]Id.
[22]Imposing Sanctions on the International Criminal Court, The White House (Feb. 6, 2025), https://www.whitehouse.gov/presidential-actions/2025/02/imposing-sanctions-on-the-international-criminal-court/.
[23]Sahel Countries: ICC Withdrawal Endangers Civilians, Hum. Rts. Watch, (Sept. 24, 2025), https://www.hrw.org/news/2025/09/24/sahel-countries-icc-withdrawal-endangers-civilians.
[24]Id.