The presidency of the Assembly of States Parties (ASP) to the Rome Statute recently conveyed its profound apprehension regarding the stated intention of Burkina Faso, Mali, and Niger to withdraw from the International Criminal Court (ICC). This decision, announced by these West African nations, is seen as potentially undermining global initiatives to combat impunity for severe crimes.
In a formal statement, ASP President Päivi Kaukoranta expressed regret over this development. She highlighted that the departure of these three states could significantly jeopardize international cooperation in the realm of criminal justice. Kaukoranta underscored the ICC’s vital role as a cornerstone of the international justice system and urged the countries to reconsider their stance, remain parties to the Rome Statute, and continue their engagement with the Assembly’s proceedings.
The ASP leadership further emphasized that member states possess established avenues to articulate their concerns within the Assembly, advocating for a preference for constructive dialogue. It also reiterated a crucial legal point: withdrawal from the Rome Statute does not absolve a state of its obligations incurred during the period it was a party to the treaty.
This official stance from the ASP follows Niger’s formal notification of its withdrawal. The ICC confirmed receipt of this notification on June 18, 2026, which was transmitted to the United Nations Secretary-General, the designated depositary of the Rome Statute. In accordance with the treaty’s provisions, Niger’s withdrawal will officially become effective on June 18, 2027.
The decision to withdraw was initially declared in September 2025 by the leaders of the Alliance of Sahel States (AES), comprising Burkina Faso, Mali, and Niger. In a joint communiqué, signed by the transitional president of Mali, General Assimi Goïta, who was then the acting chair of the AES, the nations accused the Court of being ineffective in prosecuting perpetrators of the most egregious crimes and denounced what they termed ‘selective justice.’ The AES also asserted that the ICC has transformed into an ‘instrument of neo-colonial repression,’ criticizing its perceived silence on certain atrocities while allegedly targeting actors outside the ‘circle of beneficiaries of institutionalized international impunity.’ This move marks a significant development in Mali politics and the broader West Africa Mali region’s engagement with international legal bodies.
