The Global Initiative Against Impunity (GIAI), which includes prominent organizations like the International Federation for Human Rights (FIDH), the Coalition for the International Criminal Court (CICC), Redress, Trial International, and Women’s Initiatives for Gender Justice (WIGJ), has strongly criticized 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 and weakening both the ICC and the broader international justice system at a time when unity is most critical.

timing and legal implications of the withdrawal

As of September 26, 2025, the withdrawal has not yet taken effect. On September 22, the three Sahel states—members of the Alliance of Sahel States (AES)—announced their immediate departure from the ICC. However, according to Article 127 of the Rome Statute, a state must submit a written notification to the UN Secretary-General, and withdrawal only becomes effective one year after this notification. Until then, the Sahel states remain fully bound by their obligations under the Statute, including the duty to cooperate with the Court. The withdrawal does not affect ongoing cases related to crimes committed before its effective date.

Currently, the ICC is handling cases related to Mali, including the situation referred by the Malian government in July 2012. The reparations process in the Al Mahdi case is in its final stages. Al Mahdi was convicted on September 27, 2016, for intentionally directing attacks on 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 also remains active against Iyad Ag Ghaly, the alleged leader of Ansar Dine, a jihadist group operating in Mali.

from leadership to withdrawal: victims left without recourse

African states played a pivotal role in the creation of the ICC in 1998, widely ratifying 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 for justice.

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

«The decision to withdraw from the ICC jeopardizes the situation of 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 without 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 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 announced withdrawal of Burkina Faso, Mali, and Niger comes as international justice faces growing pressure. Earlier this year, Hungary also announced its intention to leave the Rome Statute—a decision widely criticized for undermining the global fight against impunity.

While the ICC has faced criticism in the past for the selectivity of its cases and an alleged overemphasis on Africa, the Court has made strides in broadening its mandate beyond the continent. Investigations and cases are now underway or completed in regions such as Afghanistan, Bangladesh/Myanmar, Palestine, Ukraine, Venezuela, Libya, and the Philippines. Recent arrests of suspects in Libya and the former President Rodrigo Duterte demonstrate that no region or high-level official is beyond the reach of justice. This universality strengthens 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 Vuillemain, Executive Director of Women’s Initiatives for Gender Justice (WIGJ). «At a time when the Court faces increasing attacks, states must move toward universality, not retreat. Turning away now only reinforces impunity.»

the role of states in preserving international norms

The ICC’s role in international justice is significant. 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 risks weakening these protections at the national level and compromising decades of progress in establishing global anti-impunity norms.

The GIAI urges all ICC member states to reaffirm their commitment to the Rome Statute. As violence escalates against civilians in Africa and worldwide, it is essential to uphold the ICC as a court of last resort for victims seeking justice.