(Nairobi) – The recent decision by Burkina Faso, Mali, and Niger to withdraw from the International Criminal Court (ICC) is raising serious concerns about the safety of civilians and the future of justice for victims of atrocity crimes in the Sahel region. Human Rights Watch (HRW) issued a warning today, stating that this move will severely compromise access to justice, placing entire populations at increased risk of violence and abuse. On September 22, 2025, military leaders from the three nations signed a joint statement announcing their withdrawal from the ICC.
This withdrawal comes at a time of escalating conflict and instability in the Sahel. Under the rule of increasingly authoritarian military juntas, these countries are engaged in protracted armed conflicts with Islamist groups. Both government forces and insurgent groups have been implicated in war crimes and potential crimes against humanity, leaving victims and their families struggling to seek justice through national and regional legal systems.
“The leaders of Burkina Faso, Mali, and Niger are depriving their populations of a vital international mechanism for justice and accountability by announcing their departure from the International Criminal Court,” stated Liz Evenson, HRW’s international justice director. “The ICC serves as a global court of last resort, offering hope to victims when national avenues for justice are exhausted.”
According to the Rome Statute, the ICC’s founding treaty, member countries can initiate a withdrawal by formally notifying the United Nations secretary-general. However, the three Sahel nations have yet to take this step, meaning they remain bound by their ICC obligations for another year.
For more than a decade, Burkina Faso, Mali, and Niger have grappled with violent insurgencies led by Islamist groups affiliated with Al Qaeda and the Islamic State. These factions have committed egregious acts against civilians, including mass killings, attacks on educational institutions and places of worship, and the besiegement of towns. In response, the military forces of these nations, often collaborating with abusive militias and foreign mercenaries, have launched brutal counterinsurgency operations, resulting in unlawful killings, arbitrary detentions, and the forced displacement of thousands of civilians.
Since a series of military coups began in 2020, the juntas governing Burkina Faso, Mali, and Niger have systematically stifled political opposition and curtailed media freedoms, shrinking the civic space essential for democracy. Without elections, they have consolidated power and postponed the return to civilian governance.
The authorities in these countries have failed to meet their international obligations to investigate serious violations of the laws of war, allowing a culture of impunity to thrive and emboldening those who commit abuses. Earlier this year, the three nations officially withdrew from the Economic Community of West African States (ECOWAS), undermining regional efforts to hold violators accountable and depriving victims of justice through the West African regional court.
The ICC is currently comprised of 125 member countries and has opened investigations into alleged crimes in 17 different situations worldwide, including Afghanistan, Darfur, Libya, and Ukraine. Following a referral by the Malian government in 2012, the ICC launched an investigation into the situation in Mali, which has played a crucial role in addressing impunity. So far, the court has prosecuted several commanders of the Islamist armed group Ansar Dine.
In September 2016, the ICC sentenced Ahmad al-Faqi al-Mahdi to nine years in prison for his role in the destruction of religious and historic sites in Timbuktu. More recently, in November 2024, Al-Hassan Ag Abdoul Aziz was sentenced to ten years for war crimes and crimes against humanity committed in the same region.
Despite its vital role, the ICC faces increasing politicization and threats from those opposed to accountability. The administration of former U.S. President Donald Trump imposed sanctions against ICC officials and organizations advocating for human rights, attempting to obstruct the court’s work. Similarly, Russia has issued arrest warrants against ICC officials in retaliation for the court’s actions against President Vladimir Putin concerning alleged war crimes in Ukraine.
The Sahelian nations’ withdrawal echoes previous exits from the ICC by countries like Burundi and the Philippines, both of which had ongoing investigations at the time of their departures. In a notable development, Philippine authorities recently acted on an ICC arrest warrant to detain former President Rodrigo Duterte for crimes against humanity related to alleged extrajudicial killings.
“The withdrawal from the ICC treaty by Burkina Faso, Mali, and Niger undermines accountability and deprives the Sahel populations of essential human rights protections when national courts fail to address impunity for the gravest crimes,” Evenson emphasized. “It is imperative that the African Union and ICC member states urge these countries to uphold justice and the rule of law by remaining members of the court.”
