Mali, Burkina Faso, and Niger simultaneously withdraw from ICC jurisdiction while establishing alternative regional justice system as part of broader break from Western institutions
The Alliance of Sahel States (AES) has executed a coordinated withdrawal from the International Criminal Court (ICC), with Mali, Burkina Faso, and Niger simultaneously announcing their rejection of the Hague-based tribunal’s jurisdiction in what represents the most significant challenge to international criminal justice in West Africa.
The three military-led governments issued a joint communique on Monday declaring their immediate withdrawal from the Rome Statute, denouncing the court as “a tool of neocolonial repression” while simultaneously announcing plans to establish their own regional criminal justice mechanism.
The decision includes the establishment of a regional judicial body, the Sahelian Criminal Court for Human Rights, marking an unprecedented attempt by military governments to create alternative international justice structures outside existing Western-dominated frameworks.
This coordinated legal maneuver extends the AES countries’ systematic dismantling of colonial-era institutional ties, following their January 2025 withdrawal from the Economic Community of West African States (ECOWAS) despite offers of extended transition periods.
The timing of the ICC withdrawal coincides with ongoing investigations into alleged war crimes committed by armed forces and allied militias during counterinsurgency operations against Islamist groups across the Sahel region. Human rights organizations and United Nations experts have documented serious violations during military campaigns in Mali and Burkina Faso.
Amnesty International’s Regional Director for West and Central Africa, Marceau Sivieude, called the withdrawals “a serious backwards step in fight against impunity in the Sahel region and worldwide”, urging ICC member states to pressure the three countries to reconsider their decisions.
The AES formation in September 2023 initially functioned as a mutual defense pact following military coups between 2020 and 2023 that brought current leadership to power in all three countries. The alliance later evolved into a confederation by July 2024, facilitating coordinated policy decisions across security, economic, and now judicial domains.
National authorities in the three countries have consistently maintained that investigations into alleged war crimes remain ongoing through domestic channels, though none have produced publicly available conclusions or prosecutions of senior military officials.
The ICC, operational since 2002, prosecutes genocide, war crimes, and crimes against humanity when national courts prove unable or unwilling to conduct genuine proceedings. While all European Union countries participate as member states, major powers including the United States, Israel, and Russia have never joined the Rome Statute system.
Regional implications extend beyond criminal justice to broader questions of sovereignty and international legal authority in post-colonial contexts. The coordinated withdrawal demonstrates the AES countries’ commitment to rejecting Western-dominated institutions while developing alternative regional frameworks.
The three nations possess significant natural resource wealth, including gold and uranium deposits largely extracted by European and North American companies, yet remain classified among the world’s least developed countries according to United Nations metrics.
Strategic positioning across major smuggling and migration routes toward Europe has historically complicated relationships with Western partners concerned about regional stability and cross-border security threats.
Military cooperation with Russia has intensified since the coups, with Wagner Group and other private military contractors providing security assistance while traditional French and American partnerships have deteriorated significantly.
The establishment of a Sahelian Criminal Court represents an ambitious attempt to create indigenous judicial institutions capable of addressing serious crimes while maintaining regional sovereignty. However, questions remain about institutional capacity, independence, and international recognition of such mechanisms.
The AES has already launched joint initiatives including a regional biometric passport system and integrated military command structure, demonstrating practical coordination capabilities that extend beyond symbolic political declarations.
International legal experts note that ICC withdrawal requires one-year notice periods under Rome Statute provisions, meaning the three countries technically remain subject to court jurisdiction until 2026 for crimes committed during their membership periods.
The coordinated timing suggests extensive consultation and planning among AES leadership to maximize political impact while minimizing individual country exposure to international pressure or isolation.
Regional observers anticipate that the ICC withdrawal may influence other African countries experiencing tensions with international criminal justice mechanisms, potentially encouraging similar sovereignty-focused policy shifts across the continent.
The development reflects broader global trends toward multipolarity in international relations, with regional powers increasingly asserting autonomy from Western-dominated institutions while developing alternative frameworks aligned with their strategic interests and cultural values.
As the AES countries implement their separation from Western institutional frameworks, the effectiveness of their alternative regional mechanisms will determine whether this represents successful sovereignty assertion or increased isolation from international cooperation systems.
Source: newsghana.com.gh
