Burkina Faso, Mali, Niger Plan Coordinated Exit from ICC, Set Up Regional Sahelian Court, Alleges Repression of African Countries

The justice ministers of Burkina Faso, Mali, and Niger, members of the Confederation of Sahel States (CSS)  convened this week in Niamey to finalise a joint plan to withdraw from the International Criminal Court (ICC) and establish a regional judicial alternative, the Sahelian Criminal Court for Human Rights.

The extraordinary summit, held on September 16 in the Nigerien capital, concluded with a shared commitment to exit the ICC and launch the Sahelian Criminal Court for Human Rights.

Burkina Faso, Mali, Niger Plan Coordinated Exit from ICC, Set Up Regional Sahelian Court, Alleges Repression of African Countries
From left; Ibrahim Traoré, Abdourahamane Tchiani, Assimi Goïta. Photo credit: African Weekly

 The ministers cited concerns over the ICC’s structure and practices, accusing the Hague-based court of bias and of advancing foreign geopolitical interests.

Niger’s acting Prime Minister, General Mohamed Toumba, stated that the countries needed to “reconsider participation in the Rome Statute,” the ICC’s founding treaty.

 He accused the court of acting as “an instrument of repression against African countries,” often proceeding “without evidence or on false grounds of alleged serious human rights violations.”

According to sources, the legal framework for withdrawal has already been drafted, with a formal announcement expected soon. 

Under ICC rules, any withdrawal takes effect one year after submission of official notice, although ongoing cases and investigations remain valid.

The proposed Sahelian Criminal Court is expected to have jurisdiction over international crimes, terrorism, and organised crime, reflecting the CSS’s push for regional legal autonomy and greater sovereignty over security and justice matters.

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This move follows recent ICC activity in the Sahel. In June 2024, the court sentenced Al-Hassan Ag Abdoul Aziz, a former Islamist police member in Timbuktu, to ten years in prison for war crimes and crimes against humanity. 

The ICC continues to pursue Iyad Ag Ghaly, leader of the jihadist group Jamaat Nasr al-Islam wal Muslimin (JNIM), who remains on its international wanted list.

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