Burkina Faso, Mali, and Niger Announce Withdrawal from ICC after Longstanding Tension with the International Justice System

By: Chandler Barganier

Impunity Watch News Staff Writer

CENTRAL SAHEL, Africa – on September 22, 2025, Burkina Faso, Mali, and Niger announced their withdrawal from the International Criminal Court (ICC). The three countries issued a joint statement justifying their withdrawal, stating “the ICC has proven incapable of addressing and judging proven war crimes, crimes against humanity, genocide, and crimes of aggression,” further describing the Court as, “an instrument of neo-colonialist repression in the hands of oppression.”

From left, the heads of state of the three countries: Mali's Assimi Goita, Niger's General Abdourahamane Tchiani and Burkina Faso's Captain Ibrahim Traore [File: Mahamadou Hamidou/Reuters]
From left, the heads of state of the three countries: Mali’s Assimi Goita, Niger’s General Abdourahamane Tchiani and Burkina Faso’s Captain Ibrahim Traore. Photo courtesy of Mahamadou Hamidou/Reuters

This announcement comes amid persistent insecurity and fragile governance across the Central Sahel region. These three West African countries form the Confederation of the Sahel States (AES). While each country faces its own distinct challenges, they share a legacy of structural vulnerability and limited state authority. The regions insurgency traces back to the 2012-2013 conflict in northern Mali during the Tuareg-led National Movement for the Liberation of Azawad (MNLA). Tuareg rebels joined by jihadists groups lead an improvised military coup that succeeded in destabilizing Mali. The collapse of state authority has opened the door for jihadist groups to expand their influence across Burkina Faso, Mali, and Niger.

The Central Sahel area has faced significant political upheaval since 2020. Amid military takeovers, regimes have taken several measures to repress civic and political spaces to reduce international scrutiny into these countries’ human rights situations. These besieged areas are being blocked from humanitarian aid, and the jihadists groups have worked to destroy places of worship, health centers, food reserves and water services.

Withdrawal from the ICC comes shortly after the AES’s departure from the Economic Community of West African States (ECOWAS). On January 28, 2024, the AES announced they would leave ECOWAS after accusing the organization of becoming a threat to its members of being under the influence of foreign powers and of betraying its founding principles. They officially withdrew on January 29, 2025, marking the most significant crisis in the Western African region since the founding of ECOWAS in 1975.

AES’s departure from the ICC reflects a complex web of security concerns and institutional failures. Critics argue that withdrawal poses significant challenges to these nations, especially in the face of persistent threats of terrorism and economic dependence. This move risks weakening collective efforts to address these issues and could lead to further fragmentation among West African states. Withdrawal will only take effect one year after the official submission of the case to the UN general secretariat.

 

For further information, please see:

Amani Africa – The Withdrawal of AES from ECOWAS: An opportunity for re-evaluating existing instruments for regional integration? – 31 Jan. 2025

HumAngle Media – The Implications of Burkina Faso, Mali, and Niger’s Exit from ECOWAS – 31 Jan. 2025

Human Rights Watch – Burkina Faso, Mali, and Niger Quit Regional Bloc – 2 Feb. 2024

Le Monde – Burkina Faso, Mail, and Niger withdraw from International Criminal Court – 23 Sept. 2025

The Global Centre for the Responsibility to Protect – Central Sahel (Burkina Faso, Mali, and Niger) – 15 July 2025

 

 

Japan High Courts Rule Same-Sex Marriage Ban Unconstitutional

By: Sarah Peck

Impunity Watch News Staff Writer

 

NAGOYA AND OSAKA, Japan – In March 2025, Japan’s Nagoya and Osaka High Courts issued landmark rulings declaring the country’s ban on same-sex marriage unconstitutional, marking significant progress in the nation’s marriage equality movement.

 

 
Gay Pride Parade in Tokyo. Photo Courtesy of Erika Lu.
  

 

The Nagoya High Court ruled on March 7, 2025, that the provisions of the Civil Code and the Family Register Law, which do not recognize same-sex marriages, violate the constitutional guarantee of equality under Article 14. Presiding Judge Nobuhiro Katada stated that excluding same-sex couples from legal marriage lacks a reasonable basis and constitutes unlawful discrimination. The court emphasized that same-sex couples are equally capable of forming lasting psychological connections and that denying them marriage rights can lead to serious issues, particularly for children raised by such couples. Despite this, the court did not find the government liable for compensation, citing the recent and rapidly increasing awareness of the need to legalize same-sex marriage.

Shortly thereafter, on March 25, 2025, the Osaka High Court held that Japan’s lack of recognition of same-sex marriage is unconstitutional. Presiding Judge Kumiko Honda ruled that the Civil Code and Family Register Act provisions violate the right to equality as set out in Article 14 of the Constitution. While upholding the lower court’s decision not to award damages, the court recognized that the marriage ban breaches constitutional rights.

These rulings represent the fourth and fifth high court decisions in Japan declaring the same-sex marriage ban unconstitutional, following similar judgments from the Sapporo, Tokyo, and Fukuoka High Courts. Despite growing judicial consensus, the Japanese government has been slow to respond, and legislative action remains conspicuously absent. Chief Cabinet Secretary Yoshimasa Hayashi stated that the government will monitor pending lawsuits and public opinion.

Advocacy groups and plaintiffs have expressed frustration over the lack of legislative action, emphasizing that the overwhelming number of court victories should prompt the government to act swiftly in legalizing same-sex marriage. Public support for marriage equality has been growing, with surveys indicating increasing acceptance of same-sex marriage among Japanese citizens.  

These rulings underscore a significant shift in Japan’s legal landscape concerning LGBTQ+ rights. The outcomes of these cases may influence future deliberations in Japan’s Supreme Court and potentially prompt legislative changes to ensure marriage equality. As Japan’s legal institutions increasingly affirm marriage equality, the pressure mounts on lawmakers to translate these rulings into lasting legislative reform—both for Japan’s LGBTQ+ citizens and as a signal to its neighbors in East Asia.

 

For further information, please see:

The Asahi Shimbun – 4th high court rules same-sex marriage ban unconstitutional – 7 Mar. 2025

The Asahi Shimbun – Osaka High Court rules gay marriage ban unconstitutional – 25 Mar. 2025

AP News – Japan’s refusal to recognize same-sex marriage in law is unconstitutional, a court finds – 7 Mar. 2025

The Nation – Another Japanese court rules same-sex marriage ban unconstitutional – 25 Mar. 2025



No One Above the Law: President Duterte’s ICC Arrest Breaks Global Ground

By: Lela Lanier 

Associate Articles Editor

 

THE HAGUE, Netherlands—On March 11, 2025, former Philippine President Rodrigo Roa Duterte was arrested in Manila and transferred to the International Criminal Court (ICC) in The Hague. The ICC issued a warrant for Duterte’s arrest for crimes against humanity, including murder, torture, and rape, committed during his presidency. His arrest is a landmark moment for human rights and justice, signaling that impunity for mass atrocities is no longer a given.

 
Pre-Trial Chamber I Judges, in the initial appearance of former President of the Philippines Rodrigo Roa Duterte. Photo Courtesy of ICC-CPI.
  

Rodrigo Duterte, who served as President of the Philippines from 2016 to 2022, was infamous for his brutal “war on drugs.” Under his leadership, thousands of suspected drug offenders—many of whom were never given due process—were executed extrajudicially. Human rights groups estimate the death toll to be between 6,300 and 30,000, with the poor disproportionately affected. Prior to his presidency, as Mayor of Davao City, Duterte allegedly orchestrated the Davao Death Squad (“DDS”), a vigilante group responsible for at least 1,400 killings. His tenure was marked by his open endorsement of violence, promising to kill criminals and drug users rather than subject them to trial. Despite withdrawing the Philippines from the ICC in 2018, the court-maintained jurisdiction over crimes committed while the country was still a member.

The ICC issued Duterte’s arrest warrant under Article 58(1) of the Rome Statute, which requires reasonable grounds to believe a suspect committed crimes within the court’s jurisdiction and that arrest is necessary. The prosecution established that crimes against humanity, including systematic extrajudicial killings, fall under the jurisdiction of the ICC. Duterte’s leadership of the Davao Death Squad and Philippine law enforcement, along with his public directives to kill drug suspects, provided compelling evidence for his arrest. Testimonies from former police officers and victims’ families further substantiated these claims. Given Duterte’s extensive influence in the Philippines and his previous refusal to cooperate with the ICC, his arrest was deemed necessary to prevent obstruction of justice and to ensure the protection of witnesses.

The ICC Pre-Trial Chamber ruled that Duterte’s arrest was warranted, citing the gravity of his alleged crimes and the absence of any expectation that he would voluntarily appear before the court. The decision reaffirmed the fundamental principle of equal protection under the law—no individual, regardless of status, should be above justice.

Duterte’s arrest carries profound implications. The Philippines has become only the second country in history to arrest and transfer a former head of state to the ICC, setting a significant global precedent. For the thousands of victims denied due process—and for their grieving families—this moment offers renewed hope that justice is possible. More broadly, Duterte’s arrest sends a clear warning to other world leaders with outstanding ICC warrants, including Russia’s Vladimir Putin, Israel’s Benjamin Netanyahu, and Sudan’s Omar Al-Bashir: international justice is slow, but it is relentless.

Duterte’s fall marks a turning point in the fight against impunity. His victims were denied their right to life and due process, but his arrest proves that the rule of law can still prevail.

 

For further information, please see: 

Brookings—Why did the Philippines turn over its former president to the ICC? —1 Apr. 2025

ICC—Rodrigo Roa Duterte makes first appearance before the ICC: confirmation of charges hearing scheduled for 23 September 2025—14 Mar. 2025 

ICC—Situation in the Philippines: Rodrigo Roa Duterte in ICC custody—12 Mar. 2025

ICC—Statement of the ICC Office of the Prosecutor on the arrest of former Philippine President Rodrigo Roa Duterte—12 Mar. 2025

ICC—Warrant of Arrest for Mr. Rodrigo Roa Duterte—7 Mar. 2025 

New Lines Magazine—Duterte’s Arrest Sparks a Reckoning in the Philippines—2, Apr. 2025   

Caribbean Court of Justice and UNESCO Partner to Strengthen Freedom of Expression

By: Sarah Peck

Impunity Watch News Staff Writer

 

PORT OF SPAIN, Trinidad and Tobago – In a landmark move to bolster press freedom and human rights across the Caribbean, the Caribbean Court of Justice (CCJ) and the United Nations Educational, Scientific and Cultural Organization (UNESCO) have formalized a partnership aimed at enhancing freedom of expression, access to information, and the safety of journalists. The agreement, signed in October 2024, underscores a commitment to upholding Article 19 of the Universal Declaration of Human Rights, which guarantees the right to seek, receive, and impart information.

 
Photo of UNESCO and CCJ members holding the signed Memorandum of Understanding. Photo Courtesy of the CCJ.
 

The Caribbean region has faced persistent challenges regarding press freedom, including threats against journalists, restrictive defamation laws, and government-imposed censorship. In recent years, journalists in countries such as Guyana, Trinidad and Tobago, and Jamaica have faced harassment and intimidation for covering sensitive topics such as corruption and organized crime. For example, in 2022, Guyanese journalist Glenn Lall, the publisher of Kaieteur News, faced legal threats and alleged government pressure for his investigative reporting on oil contracts. Similarly, in 2014, Trinidadian investigative journalist Mark Bassant had to go into hiding due to death threats linked to his reporting on drug trafficking networks. Additionally, restrictive defamation laws in the region, such as the controversial criminal libel laws in Grenada and Antigua and Barbuda, have historically been used to silence critical voices in the media. In some cases, governments have imposed censorship measures, such as suspending broadcast licenses or restricting access to certain publications, further limiting press freedom.

While the CCJ has long been regarded as a guardian of constitutional rights, this new collaboration signals an increased judicial commitment to protecting journalists and fostering transparency. UNESCO’s involvement brings a wealth of resources and expertise in media development, training programs, and policy advocacy. By working together, the CCJ and UNESCO seek to create an environment where journalists can operate freely without fear of persecution. This initiative aligns with global efforts to combat disinformation, promote access to justice, and safeguard democratic institutions.

As the final appellate court for several Caribbean nations, the CCJ plays a crucial role in interpreting constitutional provisions related to freedom of speech and the press. The court has historically ruled on defamation cases and media restrictions, balancing national security concerns with fundamental human rights. This partnership is expected to enhance judicial training and legal frameworks that support media independence.

One of the key components of this initiative is capacity-building among legal professionals. Judges, lawyers, and policymakers will receive training on international standards related to freedom of expression, ensuring that future rulings reflect best practices in human rights law. Additionally, efforts will be made to revise outdated laws that stifle press freedom, such as criminal defamation statutes, which have been used to silence dissent.

For journalists operating in the Caribbean, this partnership represents a potential turning point. Investigative reporters and independent media organizations have often faced legal intimidation, harassment, and physical threats for exposing corruption and human rights abuses. The collaboration between UNESCO and the CCJ is expected to provide journalists with stronger legal protections and recourse when their rights are violated.

Moreover, the initiative aims to improve access to public information by advocating for stronger transparency laws. This is particularly significant in a region where government secrecy and limited access to official records can hinder investigative journalism. By promoting open governance and legal safeguards for journalists, the CCJ and UNESCO are taking a proactive stance in ensuring that democracy and accountability are upheld.

The partnership between the CCJ and UNESCO marks a significant step forward in the fight for press freedom in the Caribbean. By reinforcing legal protections, educating judicial actors, and advocating for policy reforms, this collaboration has the potential to reshape the media landscape in the region. Moving forward, its success will depend on the commitment of Caribbean governments, media professionals, and civil society to uphold the fundamental right to free expression.

 

For further information, please see: 

CCJ – UNESCO and the Caribbean Court of Justice Forge Partnership to Strengthen Freedom of Expression and Journalist Safety – 10 Oct. 2024

Freedom House – Freedom in the World 2023 – Antigua and Barbuda – Mar. 2023 

Ifex – Electronic Crimes Act in Grenada Appears to Recriminalise Defamation – 12 Sep. 2013

International Press Institute – Journalist flees Trinidad and Tobago after threats – 26 May 2014

Reporters Without Borders – OECS – General Manager of Grenada Broadcasting Network censors coverage of staff protest – 27 Sep. 2018

Stabroek News – Glenn Lall goes to court over oil deal with Exxon subsidiary – 14 Jan. 2022

WACC – Tensions between media censorship and regulation in Jamaica – 12 Aug. 2020