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Burkina Faso, Niger, and Mali Withdraw from ICC, Announce Creation of Sahelian Criminal Court

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Malian Armed Forces
AES Leaders - Photo credit: @GoitaAssimi

The governments of Burkina Faso, Niger, and Mali have formally withdrawn from the International Criminal Court (ICC), effective immediately, announcing the establishment of a regional judicial body, the Sahelian Criminal Court for Human Rights.

The decision was unveiled following an extraordinary summit held on September 16 in Niamey, where the justice ministers of the three states, united under the Confederation of Sahel States (CSS), finalised a coordinated exit strategy from the ICC.

Officials from the three countries issued a joint statement, saying they would not recognise the authority of the United Nations’ top court, based in The Hague.

The ICC has proven itself incapable of handling and prosecuting proven war crimes, crimes against humanity, crimes of genocide, and crimes of aggression,” the three leaders said.

The leaders of the CSS voiced strong dissatisfaction with the ICC’s operations, citing systemic bias in its prosecutions and what they perceive as an overemphasis on cases involving African leaders while overlooking alleged crimes committed elsewhere, labelling it an “instrument of neo-colonialist repression”.

The new Sahelian Criminal Court, as outlined in the framework unveiled, will serve as the region’s highest judicial institution for human rights and international crimes, with jurisdiction across the member states of the CSS bloc. Its mandate will cover war crimes, crimes against humanity, and gross violations of human rights.

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