The Global Initiative Against Impunity (GIAI)—a coalition including FIDH, Coalition for the International Criminal Court (CICC), Redress, Trial International and Women’s Initiatives for Gender Justice (WIGJ)—strongly condemns 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 that undermines decades of African leadership in the global fight against impunity, weakening both the ICC and the broader international justice system at a time when unity is critically needed.
September 26, 2025. While the three Sahel nations claim their withdrawal is “immediate,” this is not legally possible. Under Article 127 of the Rome Statute, a country must submit a formal written notice to the UN Secretary-General, and the withdrawal only takes effect one year later. Until then, the Sahel states remain fully bound by their obligations under the Statute, including cooperation with the Court. Any ongoing cases involving crimes committed before the effective withdrawal date will proceed unaffected.
Currently, the ICC is actively prosecuting cases related to the situation in Mali, including the landmark Al Mahdi case, where the defendant was convicted in 2016 for directing attacks on religious and historic sites in Timbuktu. The reparations phase in this case is nearing completion. Additionally, the Court is expected to rule soon on reparations in the Al Hassan case, following his 2024 conviction for war crimes and crimes against humanity in the same region. An active arrest warrant also remains in place against Iyad Ag Ghaly, leader of the jihadist group Ansar Dine.
From leadership to retreat: victims abandoned
African nations played a pivotal role in establishing the ICC in 1998, with widespread ratification of the Rome Statute and even referring domestic situations to the Court. This commitment provided victims of grave crimes with a vital international ally when national justice systems failed them. The announced withdrawal contradicts this legacy of leadership, leaving victims with reduced avenues for justice.
This decision follows the trio’s January 2025 exit from the Economic Community of West African States (ECOWAS), an institution they helped shape and which has a strong human rights track record through its Community Court of Justice. These withdrawals signal a regression in the fight against impunity, leaving victims without recourse, weakening human rights protections and increasing isolation—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,” said Drissa Traoré, Secretary-General of FIDH. “After leaving ECOWAS, the loss of ICC protection leaves victims in Burkina Faso, Mali and Niger with no recourse for the most serious human rights violations they continue to endure. National jurisdictions in these countries remain unable to deliver justice and reparations due to political unwillingness and an inability to investigate war crimes and crimes against humanity.”
A blow to vulnerable international justice
The announced withdrawal comes as international justice faces mounting pressure. Earlier this year, Hungary also announced its intention to leave the Rome Statute—a move widely criticized as undermining global efforts against impunity.
Though the ICC has faced criticism for perceived selectivity in its caseload—particularly its focus on Africa—it has since expanded its reach significantly. Investigations and cases now span Afghanistan, Bangladesh/Myanmar, Palestine, Ukraine, Venezuela, Libya and the Philippines. Recent arrests, including of Libyan suspects and former Philippine President Rodrigo Duterte, demonstrate that no region or high-level official is beyond accountability. This growing universality strengthens the Court’s legitimacy but also exposes it to greater political vulnerability.
“State parties must show resilience and reaffirm their commitment to the Court, the fight against impunity and the rights of victims worldwide,” stressed Alix Vuillemin, Executive Director of Women’s Initiatives for Gender Justice (WIGJ). “At a time when the Court faces escalating attacks, states must move toward universality—not retreat. Turning away now only reinforces impunity.”
Strengthening international norms through the ICC
The ICC plays a crucial role in international justice, complementing—not replacing—existing mechanisms such as truth-seeking processes and transitional justice initiatives essential for sustainable peace. The Rome Statute enshrines key principles: no immunity for heads of state, complementarity with national courts and victim participation in judicial processes and reparations. Withdrawal from the Statute risks weakening these protections domestically and undermining decades of progress in establishing global norms against impunity.
The GIAI urges all ICC State Parties to reaffirm their commitment to the Rome Statute. As violence escalates worldwide, preserving the ICC as a court of last resort is essential to uphold justice for victims in Africa and beyond.
