The Alliance of Sahel States, comprising Burkina Faso, Mali, and Niger, has announced its withdrawal from the International Criminal Court (ICC). This decision, made on September 22, marks a significant shift in the region’s approach to international justice. The alliance cited accusations of “selective” justice as the primary reason for its exit.

Mali’s Prime Minister, Abdoulaye Maïga, reaffirmed the alliance’s commitment to a multilateral system, provided all countries are part of it, during his speech at the United Nations General Assembly. However, the joint communiqué issued by Malian President Assimi Goïta, in his capacity as AES President, stated that the three countries would opt for local and endogenous mechanisms to consolidate peace and justice, rather than relying on the international system.

This is not the first time the ICC has faced criticism for perceived double standards. Between 2009 and 2015, the court faced backlash from African countries and the African Union for having only African situations on its roll. In 2022, Amnesty International warned that double standards threatened the court’s future.

The AES’s exit from the ICC may undermine the court’s efforts to achieve universal ratification. African countries have been vocal about improving the court’s operations and advancing international justice, leading to reforms such as investigating situations beyond Africa. However, most ICC investigations and cases are still in Africa, mainly due to self-referrals by affected countries.

The withdrawal may also limit victims’ avenues for justice, particularly in Burkina Faso and Mali, where war crimes and crimes against humanity have allegedly been committed. Human rights groups have raised concerns that without independent accountability mechanisms, the AES’s withdrawal from the ICC widens the impunity gap.

The Rome Statute provides for a 12-month notice period before the decision takes effect, during which countries can reverse their withdrawal. However, the AES is unlikely to change its stance, considering its follow-through on leaving the Economic Community of West African States (ECOWAS).

The implications of the AES’s decision are significant, not only for the ICC but also for the international justice system as a whole. The withdrawal raises questions about accountability and the potential risks of sovereignty without responsibility to citizens degenerating into authoritarianism. The ICC was created to complement national and regional jurisdictions, providing multiple spaces for accountability. Any new mechanisms must enshrine key principles, including that no one is above the law, and victims’ rights to participate and seek reparations must be assured.