Mali, Niger and Burkina Faso announced Sept. 22 that they will withdraw from the International Criminal Court (ICC), accusing the tribunal of serving "imperial" rather than African interests. The three countries, each governed by military juntas and members of the newly formed Alliance of Sahel States (AES), issued a joint declaration stating that they no longer recognized the ICC as a legitimate forum for justice. Their governments argued that the court has become an "instrument of neo-colonialist repression."

Under Article 127 of the Rome Statute, a state party may withdraw by submitting written notification to the UN Secretary-General. Withdrawal becomes effective one year after receipt of the notification, and until then the withdrawing state remains bound by the statute. The announcement did not specify when the formal notice would be delivered.

The ICC, based in the Hague, was established in 2002 to prosecute individuals accused of genocide, war crimes, and crimes against humanity. African governments have frequently criticized the court, noting that its investigations have disproportionately focused on African leaders and conflicts. Multiple African governments in 2017 announced a "strategy of collective withdrawal" from the ICC, with South Africa, Gambia and Burundi leading the way. However, the prior two later reversed course, with only Burundi following through on withdrawal.

The withdrawal marks another step in the three nations’ broader realignment. In recent months they have suspended cooperation with regional bodies, and expelled French troops while deepening ties with Russia.

The decision by Mali, Niger and Burkina Faso comes amid ongoing security crisis in the Sahel region, where armed groups linked to al-Qaeda and the Islamic State have carried out attacks against civilians and security forces. Human rights groups have accused state security forces of committing extrajudicial killings and other serious abuses in counter-terrorism operations.

From JURIST, Sept. 23. Used with permission. Internal links added.