Niger on June 18 and Burkina Faso and Mali on June 24 notified the United Nations secretary-general of their respective decisions to withdraw from the Rome Statute of the International Criminal Court (ICC). The withdrawals take effect in one year.
The three military juntas provided similar reasons for their withdrawal in their notifications to the UN. Niger accused the court of being “misused and exploited” and Burkina Faso claimed the court is “becoming a selective and politicized tool.” However, the three governments did not mention the increasing international condemnation they are facing for atrocities committed by their security forces and their widespread repression of human rights.
In January 2025, the three countries had left the Economic Community of West African States regional bloc, depriving victims of grave abuses possible redress in the West African regional court.
Since taking power between 2020 and 2023, the armed forces of the three countries have been engaging in brutal armed conflicts with abusive Islamist armed groups. During counterinsurgency operations, government forces alongside allied militia and foreign fighters have carried out mass killings of civilians, arbitrary detentions, and unlawful forced displacement of thousands in violation of the laws of war. The authorities in each country have also cracked down on political opposition, the media, and dissent.
The ICC has been investigating in Mali since 2013 and delivered two convictions as well as reparation orders for victims. Under the Rome Statute, an ICC member country remains bound by any obligations arising during the period it was a member.
The notifications of withdrawals can be reversed, as Gambia and, most recently, Hungary have done. The leadership of the ICC’s Assembly of States Parties has expressed regrets over Burkina Faso, Mali, and Niger’s actions, calling on the three countries “to remain committed States Parties to the Rome Statute” and inviting them for “a meaningful exchange” on the matter.
The African Union and all ICC member countries should publicly and privately urge Burkina Faso, Mali, and Niger to remain part of the global community’s fight against impunity and to reverse their decisions to withdraw from the ICC.
