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Newsbreak: Burkina Faso, Mali, Niger quit ICC, set up Sahelian court

By Samuel Ogunsona

Burkina Faso, Mali and Niger have taken a bold step to finalize their withdrawal from International Criminal Court, (ICC)

For decades, the ICC had been under criticism of being a tool of Western countries set up to hunt countries opposed to imperialist hegemony.

The three Sahelian countries decision is as a result of growing desire for regional autonomy and self-governance.

In a meeting held in Niamey, Niger, on September 16, the ministers agreed to establish a new regional court, the Sahelian Criminal Court for Human Rights, which will handle cases related to international crimes, terrorism, and organized crime.

The decision to leave the ICC stems from deep-seated concerns about the court’s structure and practices, with Niger’s acting Prime Minister, General Mohamed Toumba, criticizing the ICC for functioning as “an instrument of repression against African countries” that often acts “without evidence or on false grounds of serious and widespread human rights violations.”

He emphasized the need to “reconsider participation in the Rome Statute,” the treaty that established the ICC.

According to sources, the legal documents for withdrawal have been prepared, and a formal announcement is expected soon. While the withdrawal process will take a year to become effective after official notification, ongoing investigations and cases initiated before the withdrawal will remain valid.

The proposed Sahelian Criminal Court will focus on key issues affecting the region’s security and stability, including international crimes, terrorism, and organized crime.

This development reflects the Confederation of Sahel States’ (CSS) increasing emphasis on regional sovereignty, legal autonomy, and resistance to perceived neocolonial interference.

The move follows recent ICC actions in the region, including the sentencing of Al-Hassan Ag Abdoul Aziz, a former member of the Islamist police in Timbuktu, to ten years in prison for war crimes and crimes against humanity.

The ICC continues to pursue Iyad Ag Ghaly, the leader of the jihadist group Jamaat Nasr al-Islam wal Muslimin (JNIM), who remains on its international wanted list.

Moreso, the African Sahel region has experienced a surge in political instability over the past five years, marked by a series of coups d’état in multiple countries.

A total of five successful military coups have taken place in Mali, Burkina Faso, Guinea, Niger, and Gabon, while constitutional coups have occurred in Tunisia, Chad, and Sudan.

Several countries, including Gambia, the Central African Republic, Sierra Leone, and São Tomé and Príncipe, have faced attempted coups during this period, highlighting the region’s vulnerability to political upheaval.

However, this significant step by the Sahel nations signals a major shift in the region’s approach to justice and accountability, with potential implications for the broader international community.

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