Niger, Burkina Faso and Mali Move to Exit ICC as Court and States Urge Reconsideration

July 3, 2026
By Mintesinot Nigussie

Niger, Burkina Faso and Mali have notified the United Nations Secretary-General of their intention to withdraw from the Rome Statute of the International Criminal Court (ICC), a process that will take effect in one year and has drawn concern from the court’s governing body.

The three military-led governments submitted their withdrawal notifications in June, with Niger communicating its decision on June 18 and Burkina Faso and Mali following on June 24. All three countries are led by juntas that have been in power since coups between 2020 and 2023.

In their notifications, Niger described the ICC as “misused and exploited,” while Burkina Faso said it was becoming a “selective and politicised tool.” The governments did not reference allegations of abuses by security forces or armed groups operating in their territories.

The move has been criticised by rights organisations and international institutions. Human Rights Watch said the withdrawals “betray victims,” arguing that they risk narrowing avenues for accountability for alleged serious violations in the Sahel region.

The Presidency of the Assembly of States Parties to the Rome Statute also expressed concern, saying it “regrets these developments” and warning that disengagement from the treaty framework could undermine global efforts to end impunity. The Presidency said the ICC depends on sustained support from the international community and called for continued participation within the Assembly.

It urged Burkina Faso, Mali and Niger to remain committed States Parties and to continue engaging through what it described as a “meaningful exchange” within the Assembly of States Parties, the ICC’s management oversight and legislative body.

The Presidency also recalled that withdrawal from the Rome Statute does not remove obligations arising while a state was still a party to the treaty, and noted that the three countries had previously contributed to the Assembly’s work.

The ICC has been investigating alleged crimes in Mali since 2013 and has issued convictions and reparations orders for victims. Under the Rome Statute, cases and obligations incurred during membership remain valid even after withdrawal takes effect.

The withdrawal decisions follow the three countries’ exit from the Economic Community of West African States in January 2025, further reducing regional mechanisms available for victims seeking redress.

Although the process is legally binding once completed, it can still be reversed. Previous withdrawals by other states, including Gambia and Hungary, were later rescinded.

The Presidency of the Assembly is currently composed of President Päivi Kaukoranta of Finland and Vice-Presidents Michael Imran Kanu of Sierra Leone and Margareta Kassangana of Poland.

Source: FSX Business News