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 (CCPI), Redress, Trial International, and Women’s Initiatives for Gender Justice (WIGJ), has strongly condemned the withdrawal of Burkina Faso, Mali, and Niger from the Rome Statute of the International Criminal Court (ICC). This move marks a significant setback, undermining decades of African leadership in the global fight against impunity. It not only weakens the ICC but also jeopardizes the broader project of international justice at a time when unity is critically needed.
Withdrawal from the ICC: a delayed process
On September 22, 2025, the three Sahelian states—Burkina Faso, Mali, and Niger—announced their intention to withdraw from the ICC with immediate effect. However, according to Article 127 of the Rome Statute, withdrawal only takes effect one year after a written notification is submitted to the United Nations Secretary-General. Until then, these states remain fully bound by their obligations under the Statute, including the duty to cooperate with the Court. Importantly, the withdrawal does not affect ongoing cases related to crimes committed before the effective date of withdrawal.
Currently, there are active proceedings concerning the situation in Mali, referred to the Court 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 against 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 remains in force against Iyad Ag Ghaly, the alleged leader of Ansar Dine, a jihadist group active in Mali.
From leadership to withdrawal: victims left behind
African states have played a crucial role in establishing the ICC in 1998, ratifying the Rome Statute in large numbers 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 history of leadership, leaving victims with fewer avenues for justice.
This decision follows the three states’ 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 undermines the situation of victims, for whom the Court often represents their last hope for justice. After leaving ECOWAS, losing 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 are still unable to provide 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 vulnerable international justice
The announced withdrawal of Burkina Faso, Mali, and Niger comes at a time when international justice faces growing pressures. Earlier this year, Hungary also announced its intention to leave the Rome Statute, a move 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 its perceived overemphasis on Africa, the Court has progressively worked to strengthen the universality of its mandate. It has expanded its reach beyond Africa, with ongoing investigations and cases in Afghanistan, Bangladesh/Myanmar, Palestine, Ukraine, Venezuela, Libya, and the Philippines. Recent arrests of Libyan suspects and the former President Rodrigo Duterte demonstrate that no region or high-ranking official is beyond the reach of justice. This universality enhances the Court’s legitimacy but also makes it more vulnerable to political attacks.
«States parties must show 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 plays a significant role in international justice, complementing existing mechanisms such as truth-seeking processes and transitional justice initiatives 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 from the Statute risks weakening these protections at the national level and compromising decades of progress in establishing global norms against impunity.
The GIAI urges all ICC member states to reaffirm their commitment to the Rome Statute. As victims in Africa and worldwide face escalating violence, it is essential to preserve the ICC as a court of last resort.