Africa: Withdrawal From The Rome Statute Consecrates Impunity And Threatens To Deny Victims Of War Crimes Justice And Reparations

GoitaAssimi/X

Heads of state of Mali's Assimi Goita, Niger's General Abdourahamane Tiani and Burkina Faso's Captain Ibrahim Traore pose for photographs during the first ordinary summit of heads of state and governments of the Alliance of Sahel States (AES) in Niamey, Niger July 6, 2024.

Reacting to the decision by Burkina Faso, Mali and Niger to deposit formal notifications of withdrawal from the Rome Statute of the International Criminal Court, Marceau Sivieude, Amnesty International's Regional Director for West and Central Africa, said:

"This decision by the governments of Burkina Faso, Mali and Niger threatens to deny thousands of victims the possibility of truth, justice and reparations. For more than a decade, Amnesty International has documented crimes under international law committed against civilians during conflicts in each of these countries. Many of these crimes could fall within the jurisdiction of the ICC.

Withdrawing from the ICC amounts to a headlong retreat by these governments from their international law and justice obligations. Marceau Sivieude, Amnesty International's Regional Director for West and Central Africa

"Amnesty International has also repeatedly urged these governments to strengthen their judicial systems, so that they can investigate, prosecute and conduct fair trials for all gross human rights and international humanitarian law violations. However, impunity continues to prevail.

"Withdrawing from the ICC amounts to a headlong retreat by these governments from their international law and justice obligations. It will also further imperil civilian lives and further enshrine impunity for crimes under international law."

Background

In September 2025, the governments of Burkina Faso, Mali and Niger announced their intention to withdraw from the Rome Statute of the ICC. Between 18 and 24 June 2026, the three states deposited their formal notifications of withdrawal from the Rome Statute with the UN Secretary General, with withdrawal taking effect one year from the dates of notification.

Over the last decade, conflicts between Burkina Faso, Mali and Niger militaries and various armed groups, led to mass casualties among civilians. The three countries are led by military regimes following a series of coups d'état between 2020 and 2023.

The situation in Mali has been under investigation by the ICC since 2013 and withdrawal from the Rome Statute will not affect any matter under consideration by the Court, even when withdrawal takes effect on 23 June 2027. The situations in Burkina Faso and Niger are not currently publicly under investigation by the ICC.

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