A UN expert has made a fervent plea for Mali to remain part of the International Criminal Court (ICC), following the nation's recent announcement of its intention to withdraw. Last week, Mali, alongside Burkina Faso and Niger, declared their plans to leave the ICC, criticizing the court for what they perceive as selective justice and inefficacy in addressing proven war crimes, labeling it a "tool of neocolonial repression."

Eduardo González, the Independent Expert on the situation of human rights in Mali, emphasized that leaving the ICC would be detrimental to the victims of severe human rights abuses in the region. He argued that such a move would signal a reluctance by Malian authorities to combat impunity and uphold justice for its citizens.

The potential fallout from this withdrawal includes disrupting the reparations process for victims of serious crimes. Notably, the ICC has already convicted two individuals, Ahmad Al Faqi Al Mahdi and Al Hassan Ag Abdoul Aziz, for war crimes committed in Mali. It has provided reparations to victims in the Al Mahdi case, which involved the destruction of historic and religious sites in Timbuktu. However, if Mali proceeds with its withdrawal, further reparations, particularly for the victims of the Al Hassan case, would be jeopardized.

According to the provisions of the Rome Statute, specifically Article 127, a state's withdrawal from the ICC only becomes effective one year after the UN Secretary-General has been notified. Even after this period, the ICC retains jurisdiction over crimes committed while the state was a member. Moreover, Article 86 mandates that state parties must cooperate fully with the ICC's investigations and prosecutions, a requirement that Mali would fail to meet should it cease collaboration on ongoing cases.

Since 2012, Mali has been embroiled in significant political instability and violence, with involvement from Islamist militant groups linked to Ansar Dine and Al-Qaida. This turmoil has led to widespread human rights violations, including the deaths of civilians, sexual violence, and the destruction of cultural heritage.

The call by the UN expert underscores the critical role of international judicial mechanisms in maintaining justice and accountability, especially in conflict-ridden regions. The coming months will prove pivotal as Mali decides whether to uphold its commitment to the ICC or move forward with its withdrawal, a decision with profound implications for its people and the pursuit of global justice.