DAKAR — In a dramatic shift that reflects growing tensions between West African nations and international institutions, Mali, Burkina Faso, and Niger have announced their withdrawal from the International Criminal Court (ICC), describing the tribunal as a “political instrument of neocolonial repression.”
The joint declaration, issued on Monday, marks a major diplomatic turning point for these Sahel nations, which have faced internal turmoil, military takeovers, and escalating violence in recent years.
A Regional Realignment in the Sahel
The decision follows a wave of coups—eight in total between 2020 and 2023—that saw democratically elected governments replaced by military regimes across the Sahel. The three countries have already broken ranks with the Economic Community of West African States (ECOWAS), the region’s traditional political and economic alliance.
In its place, they have formed the Alliance of Sahel States (AES)—a bloc that symbolizes their pivot away from Western partnerships and institutions. Alongside reducing military cooperation with Western allies, the trio has increased engagement with Russia, seeking new diplomatic and defense relationships.
A Two-Decade Partnership Ends
Mali, Burkina Faso, and Niger had been parties to the ICC for over 20 years. Their decision to exit underscores a broader skepticism towards international justice mechanisms they claim have failed to act in the interests of African nations.
In their statement, the countries argued that the ICC has shown little effectiveness in addressing crimes of war, aggression, and genocide—allegations made without specific case references. They accused the Court of selective prosecution and failing to confront global injustices equitably.
Conflict and Accusations on All Sides
The three nations are locked in deadly conflicts with Islamist militant groups who control vast rural areas and frequently launch attacks on military bases and civilians alike.
At the same time, both state and non-state actors have been accused of committing grave human rights violations. Organizations like Human Rights Watch and United Nations experts have documented possible atrocity crimes, including summary executions by national forces. In April, UN investigators suggested some actions by Malian troops could constitute war crimes.
The ICC has maintained an active investigation into alleged war crimes in Mali since 2013, particularly in the regions of Gao, Timbuktu, and Kidal—areas once overrun by militants before French forces intervened that year. Ironically, that investigation was initiated at the request of the Malian government itself.
A Call for Sovereignty or A Step Backward?
While the decision may resonate with local calls for sovereignty and resistance against perceived foreign interference, it also raises pressing concerns about accountability and justice for victims of conflict. Critics fear the move might signal an erosion of protections for civilians in conflict zones, especially in regions already plagued by lawlessness and impunity.
Still, for Mali, Burkina Faso, and Niger, this exit appears more than symbolic—it represents a deeper desire to reshape their identity on the world stage, free from what they see as external impositions.
