Burkina Faso, Mali, and Niger Withdraw from ICC, Citing “Neocolonial Repression”

Following their withdrawal, the Sahel states said they plan to develop “indigenous mechanisms for the consolidation of peace and justice.”

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An exterior view of the International Criminal Court in the Hague, Netherlands, March 31, 2021. [Photo Credit: REUTERS/Piroschka van de Wouw ]

Burkina Faso, Mali, and Niger have jointly announced their withdrawal from the International Criminal Court (ICC), denouncing the Hague-based tribunal as an instrument of imperialist “neocolonial repression.”

The three West African nations made the declaration on Monday under the banner of the Confederation of Sahel States (AES), stating that the decision, aimed at “fully asserting” their sovereignty, takes immediate effect. Burkina Faso, Mali, and Niger ratified the Rome Statute—the treaty establishing the ICC—in 2000, 2002, and 2004, respectively.

In a joint statement, the AES criticized the court for being a “global example of selective justice,” accusing it of failing to prosecute verified cases of war crimes, crimes against humanity, genocide, and aggression. The statement alleged that the ICC maintains “an inexplicable, disconcerting, and complacent silence” on certain crimes while “relentlessly” targeting individuals outside what the Sahel states called the “closed circle of beneficiaries of institutionalized international impunity.”

The ICC has faced increasing criticism in recent years for allegedly protecting individuals from powerful nations while focusing predominantly on figures from Asia and Africa. International relations expert Ali Hammoud told RT in March that the court has “lost its legitimacy by serving the political interests of certain powers.”

Burkina Faso, Mali, and Niger have long struggled with violent insurgencies by jihadist groups linked to Al-Qaeda and Islamic State. In Mali, where the violence began, the government referred the situation to the ICC in 2012. However, over more than a decade, the court has pursued only two prosecutions related to the conflict.

Following their withdrawal, the Sahel states said they plan to develop “indigenous mechanisms for the consolidation of peace and justice.” Under the Rome Statute, formal withdrawal from the ICC takes effect one year after written notification is received by the United Nations secretary-general.

This move comes after the three military-led governments also pulled out of the West African regional bloc ECOWAS in January, accusing it of undermining their sovereignty and acting as a tool of foreign influence, particularly France.

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