why Burkina Faso, Mali and Niger’s decision to leave the ICC is a setback for victims
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 (WIGJ), has strongly condemned the announcement by Burkina Faso, Mali, and Niger to withdraw from the Rome Statute of the International Criminal Court (ICC). This move represents a significant regression that undermines 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 critically needed.
timing and legal realities of the withdrawal process
26 September 2025. While Burkina Faso, Mali, and Niger announced their immediate withdrawal from the ICC on 22 September, the process is not as sudden as it appears. According to Article 127 of the Rome Statute, a state must submit a formal written notification to the United Nations Secretary-General, and the withdrawal only becomes effective one year after this notification. Until then, these Sahel states remain fully bound by their obligations under the Rome Statute, including the duty to cooperate with the Court. Crucially, the withdrawal does not affect ongoing proceedings for crimes committed before its effective date.
Currently, several cases related to the situation in Mali—referred to the Court by the Malian government in July 2012—are underway. The reparations process in the Al Mahdi case is nearing completion. Al Mahdi was convicted on 27 September 2016 for intentionally directing attacks against religious and historical buildings in Timbuktu. Additionally, the Court is expected to rule in the coming months on reparations in the Al Hassan case, following his conviction on 26 June 2024 for war crimes and crimes against humanity, also committed in Timbuktu. A warrant of arrest remains active against Iyad Ag Ghaly, the alleged leader of Ansar Dine, a jihadist group active in Mali.
from leadership to withdrawal: abandoning victims in their time of need
Africa has played a pivotal role in establishing the ICC in 1998, with widespread ratification of the Rome Statute and even referring domestic situations to the Court. This commitment provided victims of the gravest 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, which had built a strong human rights record through its Court of Justice. These withdrawals mark a step backward in the fight against impunity, leaving victims without recourse, weakening human rights protections, and increasing isolation at a moment when regional and international cooperation is essential—particularly in countries grappling with atrocities linked to terrorism.
“The decision to withdraw from the ICC jeopardizes the situation of victims, for whom the Court often represents their last hope of obtaining justice. After leaving ECOWAS, losing ICC protection leaves victims in Burkina Faso, Mali, and Niger without recourse for the most serious human rights violations they continue to endure,” said Drissa Traoré, Secretary-General of FIDH. “In these countries facing multidimensional crises, national jurisdictions remain unable 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 announcement comes as international justice faces mounting pressure. Earlier this year, Hungary also announced its intention to leave the Rome Statute, a move widely criticized for undermining global efforts to combat impunity.
While the ICC has faced criticism in the past for the perceived selectivity of its cases and an overemphasis on Africa, the Court has made significant strides in expanding its mandate beyond the continent. Current investigations and cases span Afghanistan, Bangladesh/Myanmar, Palestine, Ukraine, Venezuela, Libya, and the Philippines. Recent arrests, including of Libyan suspects and former Philippine President Rodrigo Duterte, demonstrate that no region or high-ranking official is beyond the reach of justice. This growing universality strengthens the Court’s legitimacy but also makes it more vulnerable to political attacks.
“States parties must show resilience and reaffirm their commitment to the Court, the fight against impunity, and the rights of victims worldwide,” emphasized Alix Vuillemain, Executive Director of Women’s Initiatives for Gender Justice (WIGJ). “At a time when the Court faces increasing attacks, states must advance toward universality, not retreat. Turning away now only emboldens impunity.”
the critical role of states in preserving international norms
The ICC plays a vital 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. The withdrawal from the Statute risks weakening these protections at the national level and undermining decades of progress in establishing global norms against impunity.
The GIAI urges all ICC member states to reaffirm their commitment to the Rome Statute. As victims in Africa and worldwide face escalating violence, preserving the ICC as a court of last resort is essential. Only through collective action can the international community uphold justice and accountability for the most serious crimes.
*The Global Initiative Against Impunity (GIAI) is a consortium of eight international NGOs and the Coalition for the ICC, co-funded 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 grave human rights violations and international crimes. This statement does not necessarily reflect the positions of all member organizations.
