The Sahel Alliance leaves the ICC… should the rest of Africa follow? [Africanews Debates]

"Africa should fix the International Criminal Court (ICC), not abandon it" Donald Deya, CEO of the Pan African Lawyers Union made this remark during the October edition of The Debate on Africanews.

Reacting to the decision by Mali, Niger, and Burkina Faso to withdraw from the ICC, Deya argued that while Africa’s frustrations with the Court are justified, “leaving isn’t the solution, reform is.”

“It’s fair to say the ICC focused too heavily on Africa in its early years,” he said. “But the answer isn’t to walk away. The Rome Statute is solid, Africa just needs to use its influence to make the system fairer.”

The discussion unpacked whether the Sahel Alliance’s move reflects a deeper shift in Africa’s relationship with international justice, or simply political posturing by military-led governments seeking to avoid scrutiny.

Deya warned that the withdrawals risk creating an “impunity gap,” leaving victims of war crimes and state abuses without legal recourse.

“If the ICC collapses in Africa, many victims will have nowhere else to turn,” he said.

He acknowledged the need for stronger African-led justice systems, noting that the African Court on Human and Peoples’ Rights could one day complement the ICC, but only if countries ratify the protocol expanding its mandate to prosecute war crimes and crimes against humanity.

The conversation followed renewed debate after the ICC’s recent conviction of Darfur militia leader Ali Muhammad Ali Abdul Rahman, also known as Ali Kushayb, which Deya said shows the Court still plays “a vital role in ending impunity on the continent.