Sahel states pull out of ICC: what it means for victims and justice

Why the Sahel states’ withdrawal from the International Criminal Court is a setback for justice

The Global Initiative Against Impunity (GIAI)—comprising leading human rights organizations such as the International Federation for Human Rights (FIDH), the Coalition for the International Criminal Court (CCPI), Redress, Trial International, and Women’s Initiatives for Gender Justice—strongly condemns the announced withdrawal of Burkina Faso, Mali, and Niger from the Rome Statute of the International Criminal Court (ICC). This move represents a significant setback, undermining decades of African leadership in the global fight against impunity. It not only weakens the ICC but also threatens the broader project of international justice at a time when unity is more critical than ever.

Legal realities behind the announcement

September 26, 2025 — The withdrawal is not immediate.

On September 22, the three Sahelian states—members of the Alliance of Sahel States (AES)—Burkina Faso, Mali, and Niger, declared their withdrawal from the ICC, claiming it would take “immediate effect.” However, under Article 127 of the Rome Statute, a state must submit a formal written notification to the UN Secretary-General, and the withdrawal only becomes effective one year after this submission. Until then, these states remain fully bound by their obligations under the Rome Statute, including the duty to cooperate with the Court. Importantly, the withdrawal does not affect ongoing proceedings for crimes committed before the withdrawal takes effect.

Currently, the ICC is handling cases related to Mali, which were referred to the Court by the Malian government in July 2012. The reparations process in the Al Mahdi case is nearing completion. Al Mahdi was convicted on September 27, 2016, for intentionally directing attacks against religious and historical buildings in Timbuktu. Additionally, the Court is expected to rule on reparations in the Al Hassan case in the coming months, following his conviction on June 26, 2024, for war crimes and crimes against humanity, also committed in Timbuktu. An arrest warrant remains active against Iyad Ag Ghaly, the alleged leader of Ansar Dine, a jihadist group active in Mali.

From leadership to withdrawal: victims left behind

African states played a pivotal role in establishing the ICC in 1998, with widespread ratification of the Rome Statute and even referring national situations to the Court. This commitment provided victims of the most serious crimes with a vital international ally when justice was unattainable at the national level. The announced withdrawal contradicts this legacy of leadership, leaving victims with fewer avenues to seek justice.

This decision follows the January 2025 departure of the three states from the Economic Community of West African States (ECOWAS), another institution they helped shape and which has a strong human rights record through its Community Court of Justice. These withdrawals represent a regression in the fight against impunity, leaving victims without recourse, weakening human rights protections, and deepening isolation at a time when regional and international cooperation is essential—particularly in countries grappling with terrorism-related atrocities.

“The decision to withdraw from the ICC undermines the situation for victims, for whom the Court often represents their last hope for justice. After leaving ECOWAS, the loss of ICC protection leaves victims in Burkina Faso, Mali, and Niger with no recourse for the most serious human rights violations they continue to endure,” stated Drissa Traoré, Secretary-General of FIDH. “In these countries facing multidimensional crises, national jurisdictions still lack the capacity to deliver justice and reparations to victims due to a lack of political will and an inability to investigate war crimes and crimes against humanity.“

A blow to a vulnerable international justice system

The announced withdrawal of Burkina Faso, Mali, and Niger comes as international justice faces growing pressures. Earlier this year, Hungary also announced its intention to leave the Rome Statute, a move widely criticized for undermining the global fight against impunity.

While the ICC has faced criticism in the past for the selectivity of cases it pursues and its perceived focus on Africa, the Court has since worked to strengthen the universality of its mandate. It has expanded its scope beyond Africa, with ongoing investigations and cases in Afghanistan, Bangladesh/Myanmar, Palestine, Ukraine, Venezuela, Libya, and the Philippines. Recent arrests of Libyan suspects and the former President Rodrigo Duterte demonstrate that no region or high-ranking official is beyond the reach of justice. This universality enhances the Court’s legitimacy but also makes it more vulnerable to political attacks.

“States parties must demonstrate resilience and reaffirm their commitment to the Court, the fight against impunity, and the rights of victims worldwide,” emphasized Alix Vuillemin, Executive Director of Women’s Initiatives for Gender Justice (WIGJ). “At a time when the Court faces mounting attacks, states must move toward universality, not retreat. Turning away now only strengthens impunity.“

The critical role of states in preserving international norms

The ICC plays a significant role in international justice. It does not replace but complements existing mechanisms such as truth-seeking processes and transitional justice initiatives, which are essential for sustainable peace. The Rome Statute enshrines key principles that underpin international justice: no immunity for heads of state, complementarity with national jurisdictions, and victims’ rights to participate in judicial processes and seek reparations. Withdrawing from the Statute risks weakening these protections at the national level and compromising decades of progress in global norms against impunity.

The GIAI urges all States Parties to the ICC to reaffirm their commitment to the Rome Statute. As victims in Africa and around the world face escalating violence, it is essential to preserve the ICC as a court of last resort.

*The Global Initiative Against Impunity (GIAI) is a consortium of eight international NGOs and the Coalition for the ICC, co-financed by the European Union. Its mission is to contribute to the fight against impunity by supporting a holistic, integrated, and inclusive approach to justice and accountability for perpetrators of serious human rights violations and international crimes. This statement does not necessarily reflect the position of each of its member organizations.