Withdrawals from the International Criminal Court: A Growing Challenge to Global Justice


Withdrawals from the International Criminal Court: A Growing Challenge to Global Justice

Date: 24 September 2025

The International Criminal Court (ICC), established in 2002 under the Rome Statute, was envisioned as a permanent institution to prosecute individuals for crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. For more than two decades, it has represented the hope of building a rules-based global order where perpetrators of grave crimes could be held accountable irrespective of their power or influence.

However, the recent decision by Burkina Faso, Mali, and Niger to withdraw from the ICC, following Hungary’s earlier announcement of withdrawal in 2025, has sparked intense debate over the credibility and relevance of the institution in contemporary international politics.

The Reasons Behind the Withdrawals

  1. Perception of Bias:
    Several African nations, including Burkina Faso, Mali, and Niger, have long voiced concerns that the ICC disproportionately targets African leaders while overlooking crimes committed by powerful states and their allies. These criticisms have fueled the belief that the ICC is more of a political tool than a neutral judicial body.

  2. National Sovereignty:
    Countries withdrawing often cite the desire to maintain complete judicial independence. Governments argue that their domestic legal systems should have the authority to deal with crimes committed within their territories without external interference.

  3. Political Pressures and Regional Solidarity:
    In recent years, Burkina Faso, Mali, and Niger have formed closer regional alliances, especially under the framework of the Alliance of Sahel States (AES). Their joint withdrawal signals an attempt to assert regional autonomy against what they view as external legal imposition.

  4. Hungary’s Case:
    Hungary’s withdrawal earlier this year reflects a different set of motivations. As part of its growing conflict with European institutions over rule of law and sovereignty issues, Hungary has distanced itself from supranational bodies. Its exit from the ICC aligns with this broader political stance of reclaiming sovereignty from international oversight.

Implications for Global Justice

  1. Weakening of the ICC:
    Every withdrawal chips away at the legitimacy and universality of the Court. If more states follow this trend, the ICC risks being seen as a selective and weakened institution rather than a truly global guardian of justice.

  2. Regionalization of Justice:
    With countries like Burkina Faso, Mali, and Niger exiting the ICC, there may be a growing push for regional mechanisms of accountability, possibly under African Union or sub-regional organizations. While this could strengthen local ownership, it might also create inconsistencies in the application of international law.

  3. Encouragement for Other Nations:
    The exits could embolden other governments critical of the ICC to consider withdrawal. This trend could especially grow in regions where tensions between national sovereignty and international oversight are prominent.

  4. Victims’ Concerns:
    For individuals and communities affected by war crimes or crimes against humanity, these withdrawals can be seen as setbacks. The ICC has often been viewed as a last resort when domestic courts are unable or unwilling to act. Without ICC jurisdiction, the path to justice for many victims becomes narrower.

Balancing Sovereignty and Justice

The tension between sovereignty and global accountability lies at the heart of this issue. While states are right to safeguard their independence and address accusations of bias, a complete rejection of international mechanisms risks creating impunity. Reforming the ICC to ensure impartiality and strengthening cooperation with regional courts might offer a middle path forward.

Conclusion

The withdrawals of Burkina Faso, Mali, Niger, and Hungary mark a turning point for the International Criminal Court. They highlight deep divisions over how international justice should be pursued and who should bear its weight. For the ICC to survive as a credible institution, it must address the concerns of member states, build greater trust, and demonstrate that justice is truly universal—beyond the politics of power and geography.

In the evolving global order, the question remains: Can the ICC adapt to changing realities, or will it lose its standing as the cornerstone of international justice?


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