ICC confirms Burkina Faso, Mali, Niger move to withdraw from Rome Statute

The International Criminal Court (ICC) has formally acknowledged that Burkina Faso, Mali and Niger are moving to withdraw from the Rome Statute, the treaty that established and governs the court’s authority to prosecute war crimes.

In a statement, the Court said it had taken note of the developments following earlier announcements by the three West African countries last year of their intention to exit the ICC system. According to the ICC, their departure could weaken international efforts to hold perpetrators of grave abuses accountable and undermine cooperation among states in addressing such crimes.

“The ICC stands at the heart of the international system of accountability, and its effectiveness depends on sustained and unequivocal support from the international community. The pursuit of justice is strengthened through unity of purpose,” the ICC said on Wednesday.

It subsequently urged the Sahel states to remain within the system and to continue engaging through the Assembly of States Parties, noting that member states are entitled to raise concerns within the institution’s framework.

Further, the Court stressed that leaving the system does not erase legal responsibilities for actions taken while a country was still a member. Under ICC rules, the exit takes effect 12 months after the UN receives formal notice. During that time, the court will still have authority over any crimes committed in the countries.

“Withdrawal from the Rome Statute does not relieve a State Party of obligations arising during the period in which it remained a Party to the Statute,” it said.

Burkina Faso, Mali and Niger are all under military rule following recent coups and have been moving away from Western-aligned political and security partnerships. Their governments have also criticised international institutions, accusing them of bias and portraying the ICC as part of an unequal global system.

The three countries are meanwhile facing worsening insecurity across the Sahel, where militant groups have expanded attacks on both military positions and civilians. Human rights organisations have also raised concerns about alleged abuses by both armed groups and government forces in Burkina Faso and Mali during the conflict.