Mali, Burkina Faso and Niger announce withdraw from ICC

Lailuma Sadid
Credit: REUTERS/Piroschka van de Wouw

Dakar (Brussels Morning Newspaper) – Mali, Burkina Faso, and Niger, three West African nations, have declared their withdrawal from the International Criminal Court, criticising it as “a tool of neocolonial repression.”

The three African countries led by military officers have separated from the West African regional bloc ECOWAS and established the Alliance of Sahel States. They have also reduced defence collaborations with Western nations and are pursuing stronger relations with Russia.

Why did Mali, Burkina Faso and Niger quit ICC?

“The ICC has proven itself incapable of handling and prosecuting proven war crimes, crimes against humanity, crimes of genocide, and crimes of aggression,”

The West African states said.

They blamed the ICC for targeting less privileged countries, echoing Rwanda’s President Paul Kagame, who previously claimed that the ICC has an anti-African bias.

The three states also stated their aim to establish

“indigenous mechanisms for the consolidation of peace and justice.”

The juntas that overthrew the governments in Bamako, Ouagadougou, and Niamey following coups from 2020 to 2023 have since established a confederation known as the Alliance of Sahel States (AES).

How has the ICC historically handled African cases?

The ICC was established in 2002 to prosecute cases of genocide, crimes against humanity, war crimes, and aggression. Since then, 33 cases have been initiated, with all but one involving an African country.

In April, United Nations experts stated that the alleged summary execution of several dozen civilians by Malian forces could constitute war crimes.

Since 2013, the ICC has been investigating alleged war crimes in Mali, mainly in the northern regions of Gao, Timbuktu, and Kidal, which were under militant control. Later that year, France intervened to repel the insurgents. The Mali investigation was initiated after the government at the time referred it.

What is the ICC’s jurisdiction and global mandate?

The ICC is a permanent international tribunal to prosecute individuals for genocide, crimes against humanity and war crimes. It is intended to complement existing national judicial systems. The court is headquartered in The Hague, and has prosecuted some of the world’s worst crimes such as genocide, war crimes and crimes against humanity since 2002.

Which other nations are not part of the ICC?

Global powers such as the US, China, and Russia are not members of the ICC because they have not ratified the Rome Statute, the treaty that founded the court. Israel is also not a member and does not recognise ICC jurisdiction over its nationals or territory.

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Brussels Morning is a daily online newspaper based in Belgium. BM publishes unique and independent coverage on international and European affairs. With a Europe-wide perspective, BM covers policies and politics of the EU, significant Member State developments, and looks at the international agenda with a European perspective.
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Lailuma Sadid is a former diplomat in the Islamic Republic of Afghanistan Embassy to the kingdom of Belgium, in charge of NATO. She attended the NATO Training courses and speakers for the events at NATO H-Q in Brussels, and also in Nederland, Germany, Estonia, and Azerbaijan. Sadid has is a former Political Reporter for Pajhwok News Agency, covering the London, Conference in 2006 and Lisbon summit in 2010.
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