AES States Move to Quit ICC, Citing Bias

Burkina Faso, Mali and Niger say they will withdraw from the International Criminal Court, calling it an “instrument of neo-colonialist repression.”

September 23, 2025Clash Report

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Burkina Faso, Mali and Niger announced an immediate move to leave the International Criminal Court, arguing the tribunal unfairly targets less-privileged nations and vowing to build local justice systems. The decision comes as the three military-led governments deepen coordination and distance themselves from Western partners.

Joint Exit and the Stated Rationale

In a coordinated declaration, the three Sahel states said they would not recognise the court’s authority and described it as an “instrument of neo-colonialist repression.” They added that the ICC “has proven itself incapable of handling and prosecuting proven war crimes, crimes against humanity, crimes of genocide, and crimes of aggression,” while pledging to create “indigenous mechanisms for the consolidation of peace and justice.”

Legal Path and Timeline for Withdrawal

The Rome Statute allows any state to withdraw by written notice to the UN secretary-general; the exit becomes effective one year after the UN receives that notice. Crucially, a departing state remains bound to cooperate with investigations and proceedings begun before withdrawal takes effect, and financial obligations already accrued still stand. These conditions shape how quickly the three governments can unwind cooperation with ongoing matters.

Regional Realignment and Security Context

The move follows a broader geopolitical shift: the three countries have already exited the regional bloc ECOWAS and formalised their own confederation, tightening security ties and redefining alliances. Their militaries continue to battle armed groups aligned with al-Qaeda and the Islamic State, amid allegations of abuses against civilians that have drawn international scrutiny in recent years.

What Comes Next for Accountability

Diplomatically, the announcement intensifies a long-running debate over the court’s focus and reach, echoing earlier African critiques that international justice has skewed toward the continent. Practically, any exit will take at least a year, leaving space for legal and political manoeuvring—while not nullifying cooperation duties on cases already under way, including matters the court has examined in the Sahel.

AES States Move to Quit ICC, Citing Bias