Amady Bâ: Décrypte CPI Turbulences Amidst African Withdrawals

• The International Criminal Court is experiencing significant turmoil, including the dismissal of its former prosecutor, Karim Khan, and announced withdrawals by several African states.
• Under Article 127 of the Rome Statute, withdrawals by Burkina Faso, Mali, Niger, and Chad, announced in mid-2026, will not become effective until 2027, requiring continued state cooperation until then.
• Karim Khan's dismissal, following accusations of sexual violence and misconduct, marks a notable precedent for the ICC, especially after his tenure saw high-profile arrest warrants against global leaders.
• Beyond withdrawals and leadership changes, the ICC faces ongoing challenges related to state cooperation in executing warrants, securing financial and human resources, and protecting its personnel from threats and sanctions.
• Despite these difficulties, former ICC official Amady Bâ believes the Court retains the capacity to navigate current adversities and continue its crucial investigations.

Despite these significant challenges, the institution demonstrates a resolve to exercise its jurisdiction independently of the political or military influence of the states involved.

The International Criminal Court (ICC) is currently navigating a particularly turbulent period, marked by the announced withdrawals of several African nations, the dismissal of its former prosecutor, and mounting pressures on its judiciary and staff. These significant challenges were recently analyzed by Senegalese magistrate Amady Bâ, who previously served as the head of International Cooperation for the ICC Prosecutor's Office from 2008 to 2022. His insights into these ongoing crises were shared in an interview published on September 16, 2026, by Le Soleil.sn, conducted by journalists Oumar Ndiaye and Daouda Diouf.

One of the most prominent sources of recent upheaval has been the dismissal of former prosecutor Karim Khan. He was removed from his position following accusations of sexual violence and serious misconduct, allegations which Khan himself disputes. Amady Bâ, who had departed from the ICC in 2022 and thus could not comment on the specific facts leading to the proceedings, nonetheless views this revocation as a significant precedent for an institution already grappling with considerable criticism and political pressures.

Khan's tenure as prosecutor was notably characterized by the issuance of arrest warrants targeting high-profile figures, including Russian President Vladimir Putin, Israeli Prime Minister Benyamin Netanyahou, and his former Defense Minister. These actions propelled the ICC into the epicenter of complex geopolitical tensions involving several major global powers. According to Bâ, these instances also underscored the Court's determination to exercise its jurisdiction independently, irrespective of the political or military weight of the states concerned.

Among the critical issues confronting the ICC are the announced withdrawals of Burkina Faso, Mali, Niger, and Chad. Amady Bâ emphasized that the Rome Statute, which governs the Court, outlines a strict procedure for such actions. Specifically, Article 127 permits a State Party to notify the UN Secretary-General of its intent to withdraw, but this withdrawal only becomes effective one year after the notification is received. Consequently, the withdrawals announced by the three countries forming the Alliance des États du Sahel in June 2026, and by Chad in August 2026, will not take effect until 2027. Until that time, these states remain legally obligated to cooperate fully with the ICC.

From a political standpoint, the former ICC official acknowledged that the historical concentration of investigations on the African continent has contributed to a perception of selective justice. However, he clarified that out of the ten investigations initiated in Africa, five were actually the result of referrals made by African states themselves, including Uganda, the Democratic Republic of Congo, Mali, and two separate investigations concerning the Central African Republic. Furthermore, cases involving Libya and Sudan/Darfour were referred by the UN Security Council, while the prosecutor's own initiative was only utilized in the situations of Kenya and Burundi.

Bâ also highlighted that the ICC's operational scope is no longer confined to Africa. Investigations have been opened or conducted in various other regions, including Venezuela, Ukraine, Georgia, Bangladesh, and Palestine. He stressed that any analysis of the Court's activities must therefore consider both the origins of the referrals and the expanding geographical reach of its inquiries, reflecting a broader engagement with international criminal law actualités.

Beyond the specific issue of the prosecutor's dismissal, Amady Bâ identified several other significant Cour pénale internationale défis facing the Hague-based jurisdiction. These include the persistent challenge of securing state cooperation in executing arrest warrants, ensuring adequate financial and human resources, and mitigating the threats and sanctions directed at its judges and personnel. A notable example of these pressures occurred on August 18, 2026, when sanctions were announced against the ICC President and Senegal's candidate for a judicial position, whose election is scheduled to take place in New York in December.

In the interim period, while awaiting the election of a new prosecutor, the ICC continues its operations with its two Deputy Prosecutors, one of whom is the Senegalese national Mandiaye Niang. Bâ explained that these Deputy Prosecutors alternately manage the Prosecutor's Office, adhering to the Court's established operational rules. Despite these significant challenges, the institution demonstrates a resolve to exercise its jurisdiction independently of the political or military influence of the states involved.

Amady Bâ maintains an optimistic perspective, believing that the jurisdiction still possesses sufficient capacity to address the difficulties it encounters and to steadfastly continue its vital investigations. This ongoing resilience is crucial for the future effectiveness of international criminal justice.

Lawyers and compliance officers should note the legal nuances of state withdrawals from the ICC (e.g., Article 127, delayed effectivity) and the continued obligations of states. The article also underscores the significant geopolitical pressures and internal challenges (like prosecutor dismissal) that could affect the ICC's future effectiveness and the enforceability of its mandates, requiring ongoing monitoring for clients involved in international legal matters.

Source: Original reporting via Le Soleil.sn and SenePlus