Mali, Burkina Faso, and Niger on Monday, September 22, announced their withdrawal from the International Criminal Court (ICC).
In a joint statement, the military-led West African states said that the court’s jurisdiction had “transformed into an instrument of neocolonial repression in the hands of imperialism.”
Because of this, neighboring states accused the ICC of becoming “a global example of selective justice.”
Juntas say ICC ‘incapable’ of prosecuting war crimes
“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.
The military-led countries have previously used this same argument to justify their withdrawal from the Economic Community of West African States (ECOWAS).
The three states also stated that they aimed to establish “indigenous mechanisms for the consolidation of peace and justice.”
The juntas, which toppled the governments in Bamako, Ouagadougou, and Niamey after coups between 2020 and 2023, have since formed a confederation called the Alliance of Sahel States (AES).
They have actively distanced themselves from the West, notably from former colonial ruler France, and have moved closer towards Russia for military cooperation.
The West African countries are currently in the grip of deadly violence from jihadist groups linked to Al-Qaeda and the so-called “Islamic State”, but their armies have also been accused of committing crimes against civilians.
What is the ICC’s jurisdiction?
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.
Global powers, the United States, China, and Russia, are not members of the ICC because they have not ratified the Rome Statute, which is the treaty that established the court.
Israel is also not a member and does not recognize ICC jurisdiction over its nationals or territory.
