Burkina Faso, Mali, Niger Quit ICC Over Selective Justice

“We have observed that this jurisdiction has turned into an instrument of Neo-colonial repression in the hands of imperialism, thus becoming the global symbol of selective justice,” the statement added.

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From left to right: President Ibrahim Traoré of Burkina Faso, General Abdourahmane Tchiani of Niger, and Colonel Assimi Goïta, President of Mali.

Burkina Faso, Mali, and Niger, members of the Confederation of Sahel States (AES),have shocked the international community by announcing their withdrawal from the International Criminal Court (ICC), accusing it of selective justice and Neo-colonial bias.

The move, declared in a joint communique on Monday 22nd September, 2025, highlights the Sahel nations’ decision to reclaim sovereignty over their justice systems.

The statement revealed that all three countries had previously agreed to the Rome Statute, in the past; Mali on 16th August, 2000, Niger on 11th April, 2002, and Burkina Faso on 16th April, 2004.  However, over the years, their experiences with the ICC have made them reconsider staying in it.

“Since joining the Rome Statute, our countries have consistently cooperated with the ICC, not only in accordance with the Statute’s provisions but also through specific agreements and protocols governing its operations on our territories,” the statement read.

Despite this cooperation, the AES governments argued that the ICC has increasingly acted as an instrument of selectivity and foreign influence.

“We have observed that this jurisdiction has turned into an instrument of Neo-colonial repression in the hands of imperialism, thus becoming the global symbol of selective justice,” the statement added.

The statement also criticized the court’s perceived inaction against perpetrators of war crimes, crimes against humanity, and genocide, calling it “an inexplicable and disturbing silence, even in violation of its own Statute.”

The AES emphasized that the decision to withdraw is a sovereign choice, reflecting the member states’ determination to assert full control over their justice systems.

To replace ICC oversight, the confederation pledged to adopt regional, endogenous mechanisms aimed at consolidating peace and justice while ensuring human rights protection in line with local societal values.

“The member states of AES have decided to resort to endogenous mechanisms for the consolidation of peace and justice, while reaffirming their determination to ensure the promotion and protection of human rights and to combat all forms of impunity,” the statement stated.

While distancing themselves from the ICC, the AES countries reaffirmed their commitment to international cooperation on human rights.

“The states of the AES Confederation, while expressing their gratitude to the United Nations and its member states, reaffirm their commitment to continue cooperating within other appropriate frameworks for the promotion and protection of human rights and the respect of state sovereignty,” it added.

Under the Rome Statute, the withdrawal process takes one year from the date of formal notification. Cases already opened during membership will continue under ICC jurisdiction, but future crimes may be addressed through national or regional mechanisms, as pledged by the AES.

The ICC, established by the Rome Statute in 1998 and operational since July 1, 2002, is the world’s first permanent international court tasked with prosecuting individuals for genocide, war crimes, crimes against humanity, and crimes of aggression.

It’s creation aimed to ensure that perpetrators of the gravest crimes do not escape accountability, complementing national courts in delivering justice.

The withdrawal of Burkina Faso, Mali, and Niger from the ICC marks a significant moment in international justice, highlighting the tension between global judicial institutions and national sovereignty.

While the Sahel nations step back from the Court, their commitment to human rights and regional justice mechanisms highlights a determination to address crimes and promote accountability on their own terms, signaling a potential shift in how justice is pursued in the region.