Mali, Burkina Faso, and Niger declare withdrawal from ICC

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On Monday, September 22, Mali, Burkina Faso, and Niger jointly declared their withdrawal from the International Criminal Court (ICC).

The three West African states, led by their respective military governments, issued a statement collectively criticizing the ICC’s jurisdiction.

They contended that the court’s authority has been manipulated as a tool for neocolonial repression, perpetuating imperialism. Neighboring countries concurred, accusing the ICC of embodying selective justice on a global scale.

Furthermore, the juntas expressed their skepticism regarding the ICC’s capacity to prosecute war crimes.

The West African states have asserted that the ICC is incapable of effectively addressing and prosecuting confirmed instances of war crimes, crimes against humanity, genocide, and aggression.

These military-led countries have previously invoked this argument to legitimize their withdrawal from the Economic Community of West African States (ECOWAS).

Furthermore, the three states have expressed their aim to establish indigenous mechanisms for promoting peace and justice.

Following coups between 2020 and 2023, the juntas that seized power in Bamako, Ouagadougou, and Niamey have formed 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.

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