The three Sahel nations that make up the Alliance of Sahel States (AES) — Niger, Mali, and Burkina Faso are set to formally withdraw from the International Criminal Court, a move that a Kenyan legal expert says represents a defining moment in Africa’s quest for judicial sovereignty.
The three military-led governments jointly announced their intention to leave The Hague-based tribunal in September 2025, citing what they called an “inexplicable, disconcerting, and complacent silence” on certain crimes while “relentlessly” targeting actors “outside the closed circle of beneficiaries of institutionalized international impunity”. In June 2026, they formally deposited their withdrawal notifications with the United Nations Secretary-General, triggering a one-year countdown before the exits take full effect.
Advocate Achero David Mufuayia, a practitioner of the High Court of Kenya and proprietor of Achero Mufuayia & Co. Advocates, told Sputnik Africa that the withdrawal marks “a decisive pivot toward homegrown justice mechanisms in Africa”.
“African nations have the sovereign right to distance themselves from the institution that promotes impunity and is used as a tool of neocolonialism,” Mufuayia said.
“The African continent has got its own institutions that can be used as tools for breaking away from the vicious circle of neocolonialism and selectivity as well as the operations or prospects for fair justice on its own continent,” he emphasized.
With the cooperation of all 54 African states, the continent could entirely move beyond the ICC, Mufuayia added.
The advocate has previously argued that Africa already possesses the judicial infrastructure to handle even the most serious crimes. “The ICC should also consider the fact that we have institutions, judicial institutions within African states that can try high-profile genocide and heinous cases,” he said in an earlier interview with Sputnik Africa. Citing the African Court of Justice and Human Rights, the African Charter, and other continental tools, Mufuayia said the ICC may “be merely complementary in nature and not mandatory.”
‘Selective Justice’ Accusations
In their joint statement announcing the withdrawal, Niger, Mali, and Burkina Faso declared that the court had proven itself “incapable of handling and prosecuting proven war crimes, crimes against humanity, crimes of genocide, and crimes of aggression.”
The AES nations said they intend to establish “indigenous mechanisms for the consolidation of peace and justice” following their withdrawal.
The move follows the bloc’s earlier departure from the Economic Community of West African States (ECOWAS) in January 2025, part of a broader push for sovereignty and regional autonomy.
Mixed Reactions
Human rights organizations have expressed alarm at the withdrawals. Amnesty International warned that leaving the Rome Statute “consecrates impunity and threatens to deny victims of war crimes justice and reparations.” Human Rights Watch echoed these concerns, stating that the exit “betrays victims.”
The leadership of the ICC’s Assembly of States Parties has called on the three countries “to remain committed States Parties to the Rome Statute” and invited them for “a meaningful exchange” on the matter.
The withdrawals come amid long-standing grievances across the continent about the ICC’s perceived anti-African bias. Critics have long noted that the vast majority of the court’s investigations have been focused on Africa, fueling accusations of a “neo-colonialist” agenda. The African Union itself has previously pursued a collective withdrawal strategy, though the effort faced resistance from some member states including Nigeria and Senegal.
South Africa, meanwhile, has also initiated its own withdrawal process from the ICC, formally delivering notice to the United Nations in June 2026.
The AES withdrawals are expected to take effect one year from the dates of formal notification, leaving a window for potential reconsideration.
