Mali

Mali has seen cyclical political and intercommunal conflict extending back to the colonial period. Among the notable episodes are two-armed rebellions by northern Tuareg groups seeking independence, from 1963 to 1964 and again from 1990 to 1996. These conflicts were characterised by attacks from both sides targeting civilians. In both cases, the Malian forces responded with harsh repression of fighters and civilians, cementing resentment among the Tuareg population towards national leaders based in the country’s south.

A tenuous peace agreement was reached in 1996, which included provisions for decentralised governance but did not resolve endemic underdevelopment in the region. A decade and a half of low-intensity fighting followed, during which time smuggling and banditry networks took hold in the region, with a concomitant proliferation of terrorist groups.

In January 2012, the “Mouvement national de libération de l’Azawad” (MNLA), an armed group of Tuareg fighters, formed an alliance with Ansar Dine and other designated terrorist groups to launch a third independence movement. The coalition quickly defeated Malian armed forces in the north and took control of large parts of the region, including population centres in Timbuktu, Gao, Kidal and Ménaka. The occupiers established rule in the region, based on extremist interpretations of Sharia law.

By July 2012, these terrorist groups had broken with and expelled the MNLA. The year of occupation that followed was characterised by grave human rights violations, including extrajudicial executions, mutilations, and the destruction of heritage sites. Sexual violence against women and children was systematic and widespread, and included acts of sexual slavery, forced marriages, gang rape, and the use of rape as a punishment.

Operating under a UN mandate and in coalition with other international forces, the French army launched Operation Serval in 2013 to assist the Malian government retake the north. Peace agreements were reached in 2013 and 2015. Implementation has, however, been stalled by protracted conflict with armed groups who remain active in the region. This violence parallels and compounds longstanding local conflicts between communities over access to and management of land and natural resources. As from 2015, the conflict began shifting into the central region, in the shape of intercommunal fighting among self-defence groups with unclear affiliations to terrorist groups operating in the area. This new phase of the conflict is characterised by civilian massacres, with continuing attacks that are increasing in both intensity and frequency.

In 2012, the government of Mali referred the situation to the International Criminal Court (ICC) which opened an investigation the following year and has since prosecuted two individuals.

More recently, diplomatic tensions with international and regional counterparts have deepened following a series of coups. The latest one in June 2021 saw the nine-month-old government of interim president Bah Ndaw ousted by Col. Assimi Goita. This coup, Mali’s third in less than a decade, followed previous coups in August 2020 and March 2012. In response to the turmoil, the African Union and Economic Community of West African States (ECOWAS) suspended Mali’s membership in their regional organisations, pending the return to a constitutional order in the country. ECOWAS also imposed an embargo on the country, which was lifted after the junta agreed to hold elections by February 2024. Meanwhile, tensions with France escalated, leading to the expulsion of the French ambassador and the request of French military forces’ withdrawal in early 2022. In September 2023, the junta postponed the planned elections indefinitely, citing technical issues, amid renewed conflict with Tuareg rebels. The arrival of the Wagner private military company, in support of the military junta, has raised further cause for concern and  has been condemned by Mali’s international partners.

The situation in the country remains deeply concerning, hindering domestic justice efforts. Contrary to the expectations of part of the population, the military takeover has not improved security. On the contrary, Al-Qaeda–linked insurgents (JNIM) have intensified their operations, reaching areas close to Bamako. At the same time, the country is also facing a severe economic and energy crisis, set against a backdrop of deteriorating human rights conditions.

Commentary & Reports

Alioune Tine “Situation of human rights in Mali: Report of the Independent Expert on the situation of human rights in Mali” (OHCHR: 15 January 2020)  (EN/FR)

The  Independent Expert expresses concern at the worsening conflict in the central region, noting attacks targeting civilians and humanitarians, and underscoring the negative impact of widespread impunity on the security situation. The report covers the period from April to November 2019. Bi-annual reports have been published by the OHCHR from 2013 onwards. Independent Expert reports are based on information provided by government authorities, civil society actors and UN bodies as well as statements by victims of human rights violations.

Human Rights Watch “Mali Conflict and Aftermath: Compendium of Human Rights Watch Reporting, 2012-2017” (HRW: 2018)

Human Rights Watch has conducted extensive investigative and documentation work in Mali since 2012. This report compiles the organisation’s most important press releases and commentary spanning the conflict period.

Servaas Feiertag “Legal Research in Mali (Update)” (Hauser Global Law School Program: 2020) 

The website provides a detailed overview of the Malian justice sector with a focus on the constitutional framework and the status of rule-of-law institutions. The website is intended to support legal research on the Malian justice system.

Challenges and priorities for domestic accountability in Mali

Mali has opened a large number of investigations relating to international crimes and other grave human rights violations committed in the context of the 2012 crisis, yet few of these investigations have progressed to trial and there is yet to be a conviction for international crimes in a domestic court. The challenge posed by a lack of material and human resources in the judicial sector, is compounded by the significant security risk posed by armed groups still active throughout the northern and central regions. Efforts to end impunity may be further undermined by the 2019 amnesty law.

The trial of General Amadou Sanogo and 17 co-defendants opened in May 2015, marking the first domestic trial in Mali for serious crimes linked to the 2012-2013 crisis. As leader of the 2012 coup against President Touré, General Sanogo and his soldiers are accused of abducting and killing 21 Red Berets who attempted a failed countercoup operation. They are charged with kidnapping, murder and complicity in the murder of the 21 paratroopers. The trial was temporarily suspended in 2016, and in 2020, Sanogo and his co-defendants were released pending the trial’s resumption which has still not happened as of February 2026.

The Specialised Judicial Unit for Terrorism is currently the main judicial body in Mali with the jurisdiction and capacity to pursue cases related to war crimes and other grave human rights violations. Most of the Specialised Unit’s open proceedings do not primarily concern crimes committed against civilians, with investigations instead focusing on crimes such as criminal conspiracy, attacks on the security of the State, treason and terrorism. By 2019, the Unit was actively investigating over 200 terrorism-related cases, though only 10 trials had reached completion. In addition, the Unit later had to open investigations into six massacres committed in the context of a dramatic increase in intercommunal violence in the central region. Forty-four people were sentenced in the case pertaining to attacks in the Bankass Cercle, but only two were convicted of murder.

From 2018, the military initiated investigations into alleged extrajudicial killings by the Malian security forces. At least three incidents are under investigation, namely, the extrajudicial killings of 12 suspects near Diourra in April 2018, 12 men in Boulikessi in May 2018, and 25 suspects near Nantaka in June 2018.

In June 2023, Human Rights Watch shared its findings with the Malian government regarding violations allegedly committed in villages in the Mopti and Ségou regions between December 2022 and March 2023. The government responded that it had no knowledge of these violations and that a judicial investigation had been opened by the prosecutor. However, no tangible progress has been reported since then. 

Separately, in June 2023, Malian authorities announced an espionage prosecution against those responsible for a UN report alleging that Malian troops and Wagner Group fighters summarily executed over 500 people in Moura in March 2022. The prosecutor labeled the report’s authors as “co-perpetrators or accomplices” of espionage and actions undermining the military.

More broadly, government investigations have made little to no progress in recent years. Malian authorities have largely ignored calls for accountability and have failed to investigate international crimes and serious human rights violations.

The Specialised Judicial Unit for the Fight Against Terrorism

The Specialised Judicial Unit for the Fight Against Terrorism assumed its duties in January 2015. The Unit’s jurisdiction includes offences related to terrorism, financing of terrorism, money laundering, drug trafficking, weapons and ammunition, and human trafficking and related practices when these crimes are transnational in nature (see Article 609-1 of the Law of 2013). It is composed of a prosecutor’s office, specialised investigative offices, a specialised bureau of investigation and expert advisors. 

The Specialised Unit has considerably more resources than ordinary judicial units, and its administrators have received special training. Its geographical jurisdiction covers all of Mali, empowering it to travel and investigate throughout the country, including northern regions which investigative judges from “ordinary” courts in Bamako cannot access.

The Prosecutor of the Specialised Unit has the power to prosecute ‘offences related to the crimes within its defined jurisdiction’. For its first four years of operations, this means that cases within its jurisdiction, relating to terrorism or transnational crimes, could have other serious human rights violations added as a ‘secondary’ charge to these principal offences. This provision rendered prosecution of grave crimes against civilians conditional on the accused having also committed terrorist acts or other transnational crimes (FIDH 2017). 

A new governmental judicial strategy has since expanded the jurisdiction of the anti-terrorist unit to include torture, war crimes and crimes against humanity. 

Domestic Accountability in Mali

Priorities and challenges for strengthening domestic criminal accountability processes in Mali

SUIVRE LA CHRONOLOGIE HORIZONTALE EN CLIQUANT SUR LES FLÈCHES
1960 - 2012
Conflict cycles

Mali has experienced cycles of civil conflict and periods of repressive rule, going back to the period before independence from France in 1960. These periods of conflict included two rebellions by Tuareg groups in the north, in 1963 and 1990, both of which met with a heavy-handed response from Malian forces. Although a peace agreement in 1996 formally ended the Second Tuareg Rebellion, stability never returned to the northern region. Tuareg armed groups remained active, eventually forming an alliance with designated terrorist groups from the wider region.

January – April 2012
Conflict in the north

Fighting breaks out between Malian government forces and armed groups, allied with Islamic terrorist groups. By April of 2012, the Mouvement national de libération de l'Azawad (MNLA), a group fighting for an independent Tuareg state, captures much of northern Mali.

March 2012 - April 2012
2012 Malian coup d'état

On 22 Match 2012 Malian soldiers, led by Amadou Sanogo stage a coup, removing President Amadou Toumani Touré from power after setbacks in the conflict against separatist groups. The Economic Community of West African States (ECOWAS) mediates between the groups, leading to a resignation of Touré on 8 April 2012. Dioncounda Traoré assumes the presidency with a mandate to hold new elections. 

 
30 April – 1 May 2012
Fighting breaks out in Bamako

Pro-junta forces in Mali have take control of the main anti-junta military base after two days of fighting in the capital, Bamako. Members of the "Red Berets" (presidential guard unit) are abducted by forces loyal to Sanogo.

14 May 2012
ECOWAS threatens to reimpose sanctions
May – December 2012
President beaten up by protesters

Interim President Dioncounda Traore was taken to hospital with a head wound after being attacked by pro-military demonstrators on 14 May 2012. Prime Minister Cheick Modibo Diarra resigns after his army arrest by soldiers on 10 December 2012.

April 2012 – January 2013
Occupation of Timbuktu and other cities in the north

In the months that follow, MNLA loses control of most of the territory to its former allies, the Islamic groups Al-Qaïda au Maghreb islamique (AQIM), Ansar Eddine and Mouvement pour l'unicité et le jihad en Afrique de l'Ouest (MUJAO). AQIM and Ansar Eddine occupy Timbuktu and MUJAO occupies Gao. Under their rule, widespread human rights violations are committed including extrajudicial executions, torture and systematic rape and forced marriages, particularly targeting children.

 
January – May 2013
French forces recapture the north

French forces and their allies expel AQIM and Ansar Eddine  from Timbuktu in January and recapture the north by May during Operation Serval.

 
March 2013
Public Prosecutor opens the case against Iyad Ag Ghali and 29 others

Mali’s Public Prosecutor opens a case concerning the crimes committed during the occupation of the north in 2012-2013, including a procedure against Iyad Ag Ghali, the leader of the terrorist movement Ansar Dine, and 29 others. The case includes the former president of the Islamic court in Timbuktu, Alfousseyni Ag aka “Houka Houka”.

25 April 2013
MINUSMA established by UN

In April, the United Nations United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) stabilisation mission is established to support the transition to peace.

  • Document: UN Security Council decision establishing MINUSMA
21 May 2013
Mali establishes Specialised Judicial Unit for the Fight Against Terrorism

Malian authorities pass a law amending the Code of Criminal Procedures and creating a Specialised Judicial Unit for the Fight Against Terrorism and Transnational Crimes within the Tribunal de Grande Instance of Commune IV of the District of Bamako. The Specialised Judicial Unit’s jurisdiction, defined in Article 609-1 of the Law of 2013, covers all of Mali. It can investigate offences related to terrorism, financing of terrorism, money laundering, drug trafficking, weapons and ammunition, and human trafficking and related practices when these crimes are transnational in nature.

  • Document: 2013 Law establishing Specialised Judicial Unit
  • Document: law no. 08-025 of July 23, 2008 on the suppression of terrorism allows for the prosecution and conviction of terrorist acts
August 2013
Ibrahim Boubacar Keïta elected president

The first post-coup presidential elections are held on 28 July 2013, with a second round run-off held on 11 August.

 
 
 
August 2014
Release of Ag Alfousseyni “Houka Houka”, Ben Gouzzoi and others

High ranking members of armed groups are released from detention in effort to advance the peace process and to secure the release of French hostages.

 
12 November 2014
FIDH & AMDH File Sexual Violence Case

The International Federation for Human Rights (FIDH) and the Association Malienne des Droits de l'Homme (AMDH) file a complaint for crimes against humanity and war crimes on behalf of 80 women and girl victims of rape and other forms of sexual violence committed during the occupation of northern Mali in 2012 and 2013. Despite the goodwill of the investigative judge, the investigation is stalled because of the lack of cooperation from the authorities and insecurity in the region where investigations would be conducted.

January 2015
Specialised Judicial Unit assumes its duties
February – June 2015
Government and separatist groups sign “Agreement for Peace and Reconciliation in Mali Resulting from the Algiers Process”

Arrest warrants against senior officers in the case of Public Prosecutor v. Iyad Ag Ghali and 29 others are lifted in May and June 2015. At least 50 alleged perpetrators of crimes against humanity or war crimes who had been arrested are released. Despite these actions, the peace process also establishes a framework for peace and justice, including trials for international crimes and a truth commission.

 
6 March 2015
Timbuktu occupation victims file complaint

FIDH files a complaint on behalf of 33 victims of international crimes committed during the occupation of Timbuktu and its region by armed groups in 2012 and 2013. This complaint concerns 15 alleged perpetrators of crimes against humanity and war crimes. The proceedings are suspended due to the lack of political and judicial will.

 
April – May 2015
General Amadou Sanogo & 17 co-defendants tried for abduction and killing of 21 Red Berets

The first domestic trial for international crimes opens. The Indictments Chamber of the Bamako Court of Appeals indicts General Amadou Haya Sanogo and 17 others for the murder of 21 Red Berets during an attempted counter-coup. The Chamber refers them to the Assize Court to be tried for kidnapping and murder, where the Court orders a new medical examination of bodies found in the Diago mass grave, because the first one had not been conducted in accordance with the procedures provided for under Malian law. This delays the trial.

 
2016
CVJR Truth Commission

Mali’s truth commission begins its ambitious mandate to investigate and report on crimes committed from the period of 1960 through 2015 (later extended to include the period until 2019).

  • Document: Mandate of CVJR
 
August 2017
Police chief convicted on terrorism charges

Aliou Mahamar Touré, the chief of the Islamic police during the occupation of Goa, is convicted on terrorism charges for crimes against the State. He was not charged with war crimes or torture, despite being accused of multiple acts of mutilation.

2017 to August 2019
The Special Unit on Terrorism opens 162 cases

Around 120 counter-terrorism judicial proceedings begin in 2017, but these result in almost no trials. This comes after around a dozen sentences were handed down by the Mopti Criminal Court in April 2016 in the absence of the accused. The most important cases are still under investigation.

2018
Military investigations

From 2018, the military also begun opening investigations into alleged extrajudicial killing by the Malian Security forces. At least three incidents are under investigation: the extrajudicial killing of 12 suspects near Diourra in April, 12 men in Boulikessi in May, and 25 suspects near Nantaka in June.[1]

[1] Human Rights Watch (2019), “World Report: Mali Events 2018

24 July 2019
A law is passed extending the jurisdiction of the Specialized Unit to include war crimes, genocide and crimes against humanity
2019
Trials related to inter-communal Attacks on Koro, Bankass and Baniagara

Suspects accused of leading 2019 attacks on Koro, Bankass and Bandiagara go to trial at the Mopti Court d’assises. Of the 60 accused, 44 are convicted however only two are convicted of murder.

 
May 2019
Specialised Judicial Unit investigates Ogossagou intercommunal massacre

Investigation into the March 23 massacre of 160 Fulani herders in Ogossagou, more than half of the children, leads to ten arrests.

 
October 2019
Specialised Judicial Unit investigates Sobane Da intercommunal massacre

The prosecutor for the Specialised Judicial Unit opens an investigation into the massacre of at least 95 Dogon in Sobane Da on June 2019. As of October 2019, nine suspects are placed in pretrial detention.

 
15 April 2019
Investigation into inter-communal Attacks Koulogon

The High Court of Mopti opens of an investigation into the January 1 massacre of 37 people in Koulogon. Twelve are suspected in connection with the killings, and eight of them later released.

 
December 2019
Four Dogon men convicted of inter-communal attacks on Bankass Cerle
28 January 2020
General Sanogo is granted provisional release pending trial
2020
New legislation drafted on witness protection

In an effort to address gaps in witness and victim protection, two draft bills on the protection witnesses were prepared by Malian civil society organizations and proposed to the authorities. One of these bills particularly concerns gender-based violence, including protections for victims of sexual violence. A third bill concerning protection of "human rights defenders" was initiated by the Ministry of Justice and was before the National Assembly in late 2020.

18 August 2020
President Keita resigns after coup d’Etat

Following escalating violence following parliamentary elections in March and April 2020 and months of protests, soldiers detained several government officials including the President Ibrahim Boubacar Keïta who resigned and dissolved the government. 

25 September 2020
Bah Ndaw becomes President of Mali

Seventy-year-old Colonel Bah Ndaw, a former Minister of Defence under Ibrahim Keita, assumes the presidency until interim elections scheduled in 18 months’ time. Colonel Assimi Goïta, the leader of National Committee for the Salvation of the People - Le Comité national pour le salut du peuple (CNSP) which staged the August coup, is appointed vice president.  

24 May 2021
Assimi Goïta leads coup against Bah Ndaw

The Malian Army, led by Vice President Assimi Goïta, arrests President Bah Ndaw who resigns from custody. Goïta becomes interim President on 7 June 2021. It is the country's third coup d'état in ten years.

Graphics on this site can be downloaded and shared under the Creative Commons BY-SA 4.0 license

Political will

The political instability in the country continues to further undermine efforts to achieve justice and accountability for crimes committed in Mali. The International Commission of Inquiry for Mali, which was established on 19 January 2018, conducted its investigations into the situation in the country and submitted its report to the UN security council in June 2020. The report details the prevalence of serious violations of human rights and international humanitarian law committed by various actors, and the lack of sanctions against perpetrators which continues to engender a culture of impunity. It further emphasises that “besides the obstacles and challenges within the Malian justice system, impunity in Mali is above all due to a lack of political will to make the issue a priority.” 

Progress towards implementing the 2015 Algiers Accord for Peace and Reconciliation in Mali  between the government and the Coordination of Azawad Movements (CMA), a coalition of Tuareg independentist and Arab nationalist groups that formed in North Mali, has stalled since 2016 due to intensifying conflict in Mali’s central region. In this context, impunity for grave atrocities against civilians has emboldened armed groups, which have adopted a strategy of maintaining dominance in conflict-affected areas by perpetuating insecurity. In this way, such groups ensure that the state is no longer able to protect civilians or provide them with basic public services, making affiliation with the armed groups a sole means of survival in some communities. The Algiers peace accord was eventually terminated by the Malian government on 25 January 2024, amid open conflict with CMA, that sprung from the forced withdrawal of MINUSMA peacekeepers and presence of Wagner Group forces.   

The violence perpetrated by armed groups is compounded by and entwined with protracted local conflicts over access to and management of land and natural resources. In the absence of state protection from intercommunal violence, local ‘self-defense’ groups take security into their own hands, deepening cycles of violence even further. Some investigations were opened in the aftermath of recent massacres in the country’s central region but without a functioning judiciary and in the face of constant security threats, no prosecutions have followed. 

At the international level, recent developments further cast doubt on the Malian authorities’ political will to bring justice for international crimes. In June 2023, Mali’s Foreign Minister requested the termination of the UN peacekeeping mission, MINUSMA, citing its alleged “failure” to help stabilize the country. The mission’s mandate thus officially ended on 30 June 2023, with all UN personnel required to withdraw by the end of the year.

Play Video

Is a compromise between peace and justice necessary in Mali?

Drissa Traoré, National Coordinator of the joint programme of the Malian Association for Human Rights (AMDH) and the International Federation for Human Rights (FIDH), discusses the national prosecution of international crimes in Mali and the challenges faced by Malian institutions in this process. Traoré also analyses the role of the International Criminal Court’s investigations and their consequences on Malian society and the country’s judicial institutions.

Commentary & Reports

FIDH “Mali: La Justice en marche : Analyse des procédures judiciaire portant sur des graves violations des droits humain commises depuis 2012” (2014) 

In this report, the FIDH discusses the consequences of the judicial system in the north of Mali all but collapsing in the wake of the 2012-2013 occupation. 

Regional courts lacked judges and key staff, while local investigators lacked capacity and resources. 

Abraham Bengaly “La Protection juridictionnelle des droits de l’homme au Mali” (Harmattan Mali: 2015) 

The author examines the central responsibility of judges in rebuilding a culture of rule of law and human rights in Mali. He emphasises that traditional values favourable to human rights are important to building a credible and trusted modern rule of law system which remains well-suited to the expectations and needs of Malians.

IDLO/Clingendael “A Crisis of Confidence, Competence and Capacity: Programming Advice for Strengthening Mali’s Penal Chain” (2015) 

This report analyses the organisation and performance of the penal process in Mali, outlining various interrelated challenges, including a lack of judicial independence, corruption, a shortage of staff, and a lack of resources. The report makes the point that insufficient integration between customary justice and the state-run judicial sector has rendered justice inaccessible to most Malians.

ICC withdrawal 

In the following years, Mali, along with Niger and Burkina Faso, each now governed by military authorities, formally withdrew from ECOWAS and formed a confederation known as the Alliance of Sahel States (AES). These changes took place against a backdrop of broader geopolitical shift, marked by a distancing from Western partners, particularly France, the former colonial power, and a rapprochement with Russia, notably in the area of security cooperation with the Wagner Group.

In addition, in September 2025, the three countries announced their withdrawal from the ICC, calling it “an instrument of neo-colonialist repression in the hands of imperialism”. They claimed the ICC had “proven itself incapable of handling and prosecuting proven war crimes, crimes against humanity, crimes of genocide, and crimes of aggression.” 

Under Article 127 of the Rome Statute, states may withdraw from the ICC but they need to formally notify the UN Secretary-General, with withdrawal taking effect one year after notification. However, six months after their announcement, none of the three countries has submitted such a notification yet. Consequently, no legal withdrawal has occurred, and the announcement remains without legal effect. Moreover, even once withdrawal takes effect, it does not extinguish states’ obligations incurred while they were parties, including those arising during the one-year notice period. 

The three states also expressed their intention to create “indigenous mechanisms for the consolidation of peace and justice” as well as a regional court called the “Sahelian Criminal and Human Rights Court”. However, no concrete framework, timeline, or specific details have been provided to substantiate these plans, leaving the proposal largely rhetorical at this stage.

Commentary & Reports

Helene Cissé & Allan Ngari “Garantir un procès équitable aux présumés terroristes au Maliprocès équitable aux présumé terroristes au Mali” (ISS: 2020)

This report examines the failure of Malian judicial authorities to maintain international standards of human rights for accused terrorists, particularly in relation to fair trial rights. 

Anca-Elena Ursu “Between ideals and needs: is Malian customary justice incompatible with international human rights standards?” CRU Policy Brief (Clingendael: 2018)

This report investigates the role of customary justice in the Malian judicial system, noting that it is often the only available option for Malians in the areas most affected by conflict. It examines its intersections with the formal justice system and its role in mediating civil conflicts.

Legal reforms

Despite these negative developments at the international level, Mali has recently undertaken important legal and institutional reforms at the domestic level, starting with the adoption of a new Penal Code and Code of Criminal Procedure in 2024. These reforms are part of a broader effort of the government to modernise and restructure the judicial system, long criticised for its slowness, remoteness from rural populations, lack of transparency, and outdated functioning.

Like its predecessor, the 2024 Penal Code includes provisions on international crimes, with the definitions of crimes against humanity and genocide directly transposed from the Rome Statute. Importantly, it now also explicitly criminalises war crimes committed in non-international armed conflicts, a provision particularly relevant in the Malian context. The new framework further reaffirms that there are no statutory limitations for international crimes. In addition to international crimes, the 2024 Penal Code also broadens the scope of sexual and gender-based crimes, explicitly criminalising sexual slavery, sexual assault, and sexual harassment among others. However, some provisions of the new code have been criticised by international observers and human rights organisations for potentially enabling the prosecution of same-sex relations.

Other key measures of this reform include the creation of specialised courts, such as juvenile courts, sentencing courts, and military courts, to handle complex cases requiring specific expertise. These structures aim to address the limitations of general courts in dealing with sensitive matters. In addition, the reform also strengthens access to justice by better regulating free legal proceedings for low-income citizens and allowing courts to hold hearings in rural areas, thereby addressing longstanding concerns about the geographical inaccessibility of the justice system. 

In October 2025, the government launched the National Forum on Justice as part of a broader effort to overhaul the judicial system and restore public trust, bringing together legal professionals and civil society actors. Drawing on 413 recommendations from regional consultations, the Forum led to the adoption of 218 concrete recommendations aimed at strengthening the credibility and effectiveness of the Malian justice system. These recommendations will serve as the roadmap for the Ten-Year Justice Sector Development Programme, which will provide the strategic framework for reforms and investments in the sector between 2026 and 2035. This Development Programme will focus in particular on strengthening the training of legal professionals, digitising services to improve efficiency, and ensuring equitable access to justice for all Malians.

The authorities have also undertaken a large-scale recruitment drive within the justice sector, including the recruitment of 140 judicial trainees in December 2025, bringing the total number of judicial trainees recruited over the previous four years to 456.

While the reforms mostly reflect the positive efforts made by the authorities to strengthen and modernise the justice sector, their implementation will depend on the country’s ability to overcome persistent structural constraints.

Play Video

International crimes: the role of victims and civil society in the fight against impunity in Mali

Saran Keïta Diakité, Lawyer, President of the West African Women’s Peace and Security Network and Member of the National Transition Council, discusses justice and accountability for international crimes in Mali. Keïta stresses the importance of the role of women, civil society and victims’ groups in the fight against impunity in Mali.

Commentary & Reports

Helene Cissé & Allan Ngari “Garantir un procès équitable aux présumés terroristes au Maliprocès équitable aux présumé terroristes au Mali” (ISS: 2020)

This report examines the failure of Malian judicial authorities to maintain international standards of human rights for accused terrorists, particularly in relation to fair trial rights. 

Anca-Elena Ursu “Between ideals and needs: is Malian customary justice incompatible with international human rights standards?” CRU Policy Brief (Clingendael: 2018)

This report investigates the role of customary justice in the Malian judicial system, noting that it is often the only available option for Malians in the areas most affected by conflict. It examines its intersections with the formal justice system and its role in mediating civil conflicts.

Structural constraints on justice

Domestic accountability in Mali continues to be hampered by significant structural constraints. Capacity gaps, persistent insecurity, and concerns about the fairness of trials continue to undermine the judiciary’s ability to effectively and credibly investigate and prosecute serious crimes.

Competing jurisdictions remain a key obstacle. Although the Specialised Judicial Unit (PJS) has had jurisdiction since 2019 to investigate and prosecute international crimes committed in the country, in practice it focuses only on crimes committed by armed or criminal groups and does not investigate crimes committed by the military. In fact, pursuant to Article 16 of the Malian Military Justice Code, military courts retain exclusive jurisdiction over any crimes committed by members of the armed forces, including those against civilians. This practice contradicts international and regional standards, including Principle 29 of the UN Principles on Impunity and the African Commission on Human and Peoples’ Rights’ Guidelines and Principles on the Right to a Fair Trial and Legal Assistance. This situation largely stems from the continued application of the outdated Military Justice Code, which has not been reformed since its adoption in 1995. 

Beyond jurisdictional issues, the justice sector continues to face significant institutional and administrative capacity gaps. Much of the already limited judicial infrastructure in northern Mali was destroyed during the 2012 crisis, and many courts, police stations, detention centres and prisons have yet to be repaired or rebuilt. Regional courts face a shortage of judges, prosecutors and other key staff, while the local investigators who remain in the region often lack sufficient resources and training to gather, analyse and store evidence securely. 

The deteriorating security environment has continued to undermine the functioning of the justice system. In recent years, violence has spread to the southern and western regions of the country and even reached the capital, Bamako, further disrupting judicial activities. Insecurity has deprived many areas of functioning courts, restricted investigators’ access to crime scenes, and forced judicial staff to rely on the military to operate in certain areas. In addition, ongoing insecurity has forced many magistrates and court staff to relocate to safer cities such as Mopti, Ségou, and Bamako, leaving courts in conflict-affected regions severely understaffed. Several judges appointed to central and northern regions have also been unable to take up their posts due to persistent insecurity. According to the UN Secretary-General’s 2023 report on Mali, as of 30 November [2023], “the presence of State authorities (including governors, prefects and sub-prefects) had increased in the north from 10 per cent during the previous reporting period to 17 per cent (22 out of 130 officials), and marginally in the centre from 28 to 29 per cent (34 out of 118 officials).” More recent figures are difficult to obtain since MINUSMA withdrew, but the continued deterioration of the security context makes it unlikely that this presence improved.

Malian courts also continue to face challenges in ensuring judicial proceedings that fully comply with international standards for fair trials and in guaranteeing the rights of accused persons. Concern that Malian courts are unable to uphold fair-trial standards is particularly relevant in the ongoing fight against terrorism. In the context of its anti-terrorist operations, the Malian military has adopted tactics that negatively impact on the right to a fair trial for those facing terrorism charges. Frequent mass arrests of suspects, imprisonment of accused terrorists in unregulated detention facilities, and a lack of documentation about alleged crimes have all gone to undermine fair procedures. Human rights groups report that hearings and interrogations are being conducted by security forces with little or no regard to official judicial procedures, and suspects have been detained for an unregulated period of time before being handed over to judicial authorities. Likewise, there are reports of torture, summary executions and inhuman treatment of suspected terrorists by security forces.

A separate concern is the fact that the state is not the main source of justice in rural areas and yet judicial reform efforts nonetheless remain focused on rebuilding the formal justice system. In the short-to-medium term, customary justice is the only available accountability option for many Malians, particularly in low-income and conflict-affected regions. Customary justice thus needs strengthening, not only to ensure that local leaders have the will and capacity to deliver fair and credible decisions, but also to address exclusionary and discriminatory practices within the customary justice sector. 

A recent study indicates that the majority of Malians believe that ordinary citizens cannot obtain justice in court, and less than half of them consider that they have the means to take legal action or obtain a fair and speedy resolution. Awareness of available legal aid services remains limited and public confidence in the judicial system is low, with many respondents believing that judicial corruption is widespread, despite some improvement since 2020. A majority of Malians also believe that citizens are not treated equally before the law, and nearly half believe that judicial decisions can be influenced by political considerations rather than legal principles. As a result, many communities, in particular in rural areas, continue to rely on traditional justice mechanisms rather than formal courts.

Commentary & Reports

Janine Lespérance (2019) “Impunity, Amnesty, and Incoherence: What justice for International Crimes committed in Mali” , justiceinconflict.org

This article offers a critical analysis of Mali’s amnesty law, the so-called ‘National Accord Act. The piece warns that the law risks encouraging impunity, and appears to be influenced by high-profile perpetrators and armed groups

Avocats sans frontiers (2019) “La loi d’entente nationale : une menace pour la paix, la réconciliation et les droits des victimes au Mali” 

This report offers a detailed analysis of the June 2019 “Loi d’agence nationale” granting amnesty to perpetrators of crimes committed in the context of the 2012-2013 crisis. The author argues that the law is vague regarding which crimes are eligible for amnesty, and describes an impracticable amnesty application procedure. 

Amnesty

In June 2019, the Malian parliament passed the “loi d’agence nationale” allowing members of armed groups involved in 2012-2013 hostilities to apply for amnesty. Loosely translated as the National Accord or National Understanding Act, the Bill was initially removed from the legislative agenda in 2018 under pressure from civil society, only to be passed the following year. The law explicitly excludes perpetrators of war crimes, crimes against humanity, genocide, rape, and other crimes “deemed imprescriptible” from eligibility for amnesty. 

However, human rights groups has criticised the vagueness and ambiguity of the text  which is worded in a way that could allow perpetrators of torture, enforced disappearances, killings and other atrocities to escape justice. Indeed, this Law pardons several “acts that may be qualified as crimes or misdemeanours (…) occurring in the context of events related to the crisis that began in 2012 and which has seriously undermined national unity, territorial integrity and social cohesion.” The temporal scope of the law is also unclear, as it refers to acts committed in connection with the crisis that began in 2012 without specifying an end date.  

Victim and human rights groups further contend that the procedure to apply for amnesty as defined in the law is too simplistic and the approval timeframe too short to allow for a genuine assessment of the validity of applicant statements. To human rights groups, the amnesty law follows the Malian government’s pattern of putting reconciliation before justice. In March 2013, the public prosecutor brought a case against the leader of the Ansar Dine terrorist group, Iyad Ag Ghali, and 29 others involved in atrocities committed during their occupation of the north. In 2014, high-ranking members of armed groups were released, and in May 2015 the government lifted arrest warrants against accused senior officers, including Iyad Ag Ghali. This is one of many examples in the years since the 2012 crisis of investigations being cut short or arrest warrants being rescinded in order to move the peace process forward or secure the release of hostages.

The National Concord Law was first applied in the “Sanogo case”, involving former junta leader Amadou Haya Sanogo and several soldiers accused of kidnapping and murdering 21 paratroopers (“Red Berets”) during a failed counter-coup in 2012. Sanogo was arrested in 2013 and tried alongside other military defendants beginning in 2016, though the proceedings were repeatedly delayed. In March 2021 the Bamako Court of Appeals ended up dismissing the case and ordered the defendants’ release, on the basis of the National Concord Law.

The adoption in 2021 of two new amnesty laws for those responsible for the coups of 2020 and 2021 raises even greater concerns about impunity in Mali.

International justice 

Priorities and challenges for international criminal accountability efforts in Mali

The ICC Prosecutor alleges that war crimes were committed in Mali, including acts of mutilation, torture, extrajudicial executions, pillaging, rape and intentional attacks against protected sites or individuals, such as schools and hospitals. In its 2012 self-referral to the ICC, Mali informed the Office of the Prosecutor (OTP) that its judicial system had withdrawn from the north, leaving its national courts unable to prosecute crimes committed in the region. Seen in the context of complementarity, the ICC’s investigation is admissible: firstly, because Mali declared itself unable to prosecute those most responsible and has no such prosecutions under way; and secondly, those international crimes which are being prosecuted in domestic courts do not pertain to the ‘same person and same behavior’ as that investigated by the ICC Prosecutor. 

On 18 September 2015, the Pre-Trial Chamber issued its first arrest warrant in the Malian investigation against Ahmad Al-Faqi Al Mahdi, former head of the “Hisba” Morality Brigade of Timbuktu. He was charged with the war crime of intentionally destroying historic monuments and religious buildings, including nine mausoleums and one mosque in Timbuktu. In July 2020, the ICC opened a second case against Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, charging him with crimes against humanity, in particular for his involvement in systemic sexual violence against women and children in Timbuktu while heading the occupying jihadist police forces.

In 2024, a third arrest warrant against Iyad Ag Ghaly, also known as “Abou Fadl”, was made public, after being issued under seal in 2017. Ghaly is believed to have been the undisputed leader of Ansar Dine and is suspected of being responsible for multiple war crimes and crimes against humanity, including murder, torture, sexual violence, persecution on religious and gender grounds, and other inhumane acts causing serious suffering. He remains at large.

International Criminal Accountability

Priorities & challenges for strengthening international criminal accountability processes in Mali

FOLLOW THE TIMELINE BY CLICKING ON THE ARROWS
16 August 2000
Mali ratifies the Rome Statute of the International Criminal Court
13 July 2012
Mali self-refers to the ICC

The Government of Mali self-refers the situation in its territory to the ICC, declaring that the judiciary has withdrawn from the north and is thus unable to address war crimes committed during the 2012-2013 conflict and occupation.

 
16 January 2013
10 October 2014
Ahmed Al Faqi Al Mahdi arrested

Al Mahdi, head of Hesba, a command structure of the AQIM aligned group Ansar Dine, is arrested in Niger.

 
18 September 2015
ICC issues arrest warrant against Al Mahdi
26 September 2015
Niger surrenders Al Mahdi to the ICC
30 September 2015
Al Mahdi appears before the ICC

Al Mahdi makes his first appearance before an ICC judge, where he confirms his identity and is informed of the charges against him. Pre-Trial Chamber confirms a single war crime charge against Al Mahdi, charging him with intentionally directing attacks against religious and historic monuments in Timbuktu, June 20-July 10, 2012.

1 March 2016
Al Mahdi tells court he plans to plead guilty to the charges, setting a precedent in handling of guilty pleas before the ICC
22-24 August 2016
Al Mahdi trial

Al Mahdi pleads guilty to the war crime of destroying historical and religious monuments. The prosecution presents its evidence and three witnesses are called.

 
27 September 2016
Al Mahdi found guilty and sentenced to nine years of imprisonment
17 August 2017
ICC Trial Chamber issues a reparations order against Al Mahdi

He is determined to be liable for €2.7 million in expenses for individual and collective reparations for the community of Timbuktu.

 
27 March 2018
Arrest warrant issued for Al Hassan Ag Abdoul Aziz

Al Hassan was a member of Ansar Eddine and chief of the Islamic police during the occupation of Timbuktu by armed groups, between 1 April 2012 and 28 January 2013.

 
31 March 2018
Mali government surrenders Al Hassan to the ICC
8-17 July 2019
Charges against Al Hassan are confirmed

In a confidential decision, the Pre-Trail Chamber I confirms charges of war crimes and crimes against humanity against Al Hassan. He is accused of crimes including torture, rape, sexual slavery including forced marriages, and other war crimes.

 
14-15 July 2020
Al Hassan trial opens in The Hague

ICC prosecutor lays out charges, describing the Islamic Police, their crimes against the people of Timbuktu and the threat they still pose civilians and security. The statement focuses in on gender-based crimes of this Islamic police.

Complementarity 

The Malian case has implications for the role of self-referrals in future ICC investigations and trials. A “self-referral” means that a State Party to the Rome Statute recommends a situation within its own borders for investigation by the ICC Prosecutor. The original architects of the Rome Statute expected that this would be a seldom-applied provision. Nonetheless, most situations investigated by the ICC to date have been self-referred, including the ongoing investigation into crimes committed in Mali during and since the 2012 occupation of the north by armed groups.

It is widely believed that self-referrals can help encourage state cooperation with ICC investigations, significantly increasing the chance of conviction should an accused go to trial. Self-referrals bring the risk, however, that the government cooperation implicitly affirmed through a request for ICC involvement may come with strings attached. That cooperation could, for example, prove less forthcoming or even become obstructive, should investigators turn their focus away from crimes committed by armed groups or the political opposition, directing it instead at the actions of state security forces or officials. There is, in other words, a risk that self-referral contributes to ICC trials appearing one-sided, as happened, for instance, in Côte d’Ivoire. Indeed, the ICC has never issued an arrest warrant for government officials in any state that has self-referred a situation to the Court.

In the Malian case, the Prosecutor states that the country’s self-referral grants ‘jurisdiction over all serious crimes committed within the territory of Mali, from January 2012 onward’, including crimes allegedly committed by the Malian security forces. Whether this statement translates into practice will have implications both for the Malian situation and for the credibility of the OTP when investigating future self-referred cases. Without balanced investigations, the Prosecutor’s apparent inclination towards self-referred cases may prove detrimental to the perceived independence and impartiality of her office.

Commentary & Reports

Ignaz Stegmiller “The International Criminal Court and Mali: Towards more Transparency in International Criminal Investigations?” (Criminal Law Forum: 2013) 

This article discusses transparency shown by the OTP in its decision-making regarding the Malian case. The author analyses written ICC documents outlining the basis for opening formal investigations in Mali, addressing questions of jurisdiction, admissibility, and the interest of justice. Stegmiller presents the benefits as well as the risks of a self-referral in the Malian case.

Statement of ICC Prosecutor, Fatou Bensouda, on the occasion of the opening of the trial against Amadou Haya Sanogo and other suspects before the Malian judicial system: “Complementarity is central to the Rome Statute system” (International Criminal Court: 2018) (EN/FR)

Fatou Bensouda made this statement as a public response to the opening of the Sanogo trial, the first domestic Malian trial for international crimes committed in the 2012-2013 conflict period. Particularly notable is her emphasis on the ICC’s readiness to help strengthen domestic accountability. This reflects a ‘positive complementarity’ approach; a cooperative approach in which the ICC and national governments work in partnership towards the common goal of ending impunity.

Impact and efficacy of ICC trials

Al Mahdi pleaded guilty to charges of ‘destroying priceless cultural’ sites in Timbuktu during the city’s 2012-2013 occupation by armed groups and was sentenced to nine years imprisonment on 27 September 2016. He was eventually released in 2022 after his sentence was reduced by two years. His conviction set a precedent in adjudicating the destruction of cultural heritage as a war crime. An agreement between the Prosecutor and accused secured his guilty plea for the destruction of the cultural sites, but inhibited the possibility of appealing the decision or opening a new case with additional charges. Al Mahdi cooperated with the Prosecutor throughout the process.

The Prosecutor chose this case, due to its symbolic value and the efficiency assured by a quick conviction. Conviction was likely, given overwhelming evidence against Al Mahdi and his willingness to cooperate with the court. Within the context of the global war on terror, the destruction of sacred sites in Timbuktu held important significance. UNESCO commended the decision as an important response to a worsening pattern of contemporary extremists targeting culture and heritage. 

In contrast, Malian civil society groups criticised the OTP for not prosecuting those most responsible for violent crimes against civilians. This feeling was echoed in interviews with local community members, who expressed disappointment that the more serious crimes inflicted on their lives and dignity were sidelined in favour of cultural property.

Commentary & Reports

Oumar Ba (2020)“Contested Meaning: Timbuktu and the prosecution of destruction of cultural heritage as war crime”, African Studies Association. 

Is there a universally shared valuation of World heritage? This article examines the tension between international justice and the local impacts of ICC proceedings. Based on interviews with Malians from conflict-affected communities, the author explains that justice in the Al Mahdi case did not match the needs and expectations of those ‘in whose name justice was done’.

Stephanie Maupas “CPI: Neuf ans de prison pour la destruction des mausolée de Tombouctou” (JusticeInfo: 27 September 2016)

While UNESCO and other international agencies commended the decision to convict Al Mahdi for destruction of priceless cultural sites, human rights NGOs criticised the limited nature of the charges.

UNESCO “Ahmad Al Faqi Al Mahdi: ‘I plead guilty’” (UNESCO Courier: December 2017)  

In this interview with Al Mahdi, he chronicles his life and the choices that led to the destruction of the mausoleums in Timbuktu.  

Prosecuting sexual violence  

The ICC trial of Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud was supposed to fill  an important lacuna left by the Mali investigations. While the conviction of Al Mahdi held symbolic importance, it did not reflect the full extent of grave offences committed against Malian civilians, particularly victims of sexual violence. During the occupation of northern Mali by armed groups, Al Hassan headed the jihadist police in Timbuktu. Under his watch, members of the occupying armed groups perpetrated widespread and systematic sexual violence, including sexual slavery, gang rape, rape as punishment, and forced marriages of women and children.

The trial of Al Hassan opened in July 2020. In this second Malian trial, the OTP included sexual crimes as a core focus of the case, including rape, sexual slavery and forced marriages amongst the charges brought. In her opening statement, Bensouda emphasised that women and girls were those most targeted with grave violations during the occupation and those who suffered most as a consequence of the atrocities committed against civilians.

Al Hassan also faced charges of persecution on gender grounds. This was  the first time an international tribunal prosecuted this crime. The charge went beyond sexual violence, to acknowledge that many acts of violence and persecution during the occupation used gender norms to target and harm civilians. For example, perpetrators were accused of adopting  rape as a military strategy, not just because it was harmful to women and girls, but because gender norms make this crime especially devastating, with lasting impact on the social standing and life opportunities of both the victims and their families.

After some delays in the judgment, on 26 June 2024, Al Hassan was convicted by the ICC of “crimes against humanity of torture, persecution and other inhumane acts ; and the war crimes of torture, outrages upon personal dignity, mutilation, cruel treatment and passing sentences without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.” 

However, Al Hassan was acquitted of all SGBV charges, including rape and sexual slavery as both war crimes and crimes against humanity, and other inhumane acts in the form of forced marriage. Although the Court recognized that the SGBV crimes had been committed, it concluded that the evidence was insufficient to establish Al Hassan’s responsibility. In doing so, the Court failed to recognise the seriousness and impact of SGBV on women and girls in Timbuktu. This acquittal triggered strong backlash in Mali: victims’ representatives and lawyers expressed deep disappointment, arguing that the decision failed to reflect the suffering of women subjected to rape and forced marriage during the occupation of Timbuktu. It was also criticized as representing a missed opportunity to recognise gender-based persecution as a crime against humanity.

In addition, this judgment also exposed deep fractures within the ICC bench. In fact, the three judges never fully agreed, leading to most decisions being taken by majority rather than unanimity with the only unanimous finding being Al Hassan’s acquittal on the charge of attacks against protected objects. All three judges issued separate dissenting opinions. In an unexpected dissenting opinion, Judge Mindua argued that Al Hassan should have been acquitted on all charges on the basis that he had acted under duress. He also questioned whether Ansar Dine’s interpretation of Sharia law was inherently incompatible with human rights and suggested that, although certain punishments could amount to torture, Al Hassan may have believed he was applying a lawful and just system. On the other hand, Judge Akane considered that, in this case, rape and forced marriage were “opportunistic crimes” that exceeded Ansar Dine’s purpose and thus she did not believe Al Hassan should be held responsible for those. By contrast, Judge Prost is the only one who held that Al Hassan should have been convicted on rape charges, both as a war crime and as a crime against humanity. This fragmented judgment deprived the victims from a conviction on SGBV. 

On 20 November 2024, Al Hassan was sentenced to 10 years’ imprisonment. Both the Prosecution and Defence subsequently decided not to appeal. The sentence was eventually reduced by 12 months, resulting in a projected release date of 28 March 2027, taking into account the time already spent in detention. On 28 April 2026, the Court delivered its reparations order for victims against Al Hassan and is now awaiting a Draft Implementation Plan from the Trust Fund for Victims.

Commentary & Reports

Geogriana Epure “Writing the Jurisprudence on Gender-based Persecution: Al Hassan on Trial at the ICC” (International Justice Monitor: 16 July 2020) 

Epure analyses charges of sexual and gender-based violence in the Al Hassan trial as a significant step in developing jurisprudence around gender-based crimes. 

Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, at the opening of the trial in the case against Mr Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud (International Criminal Court: 14 July 2020) 

Prosecutor Bensouda describes the charges against Al Hassan, emphasising that women were the primary targets of attacks against civilians in Timbuktu.

Mukege Foundation “ICC Convicts Malian rebel leader of destruction of buildings – but not of sexual violence crimes” (Accessed 2020) 

The piece argues that the failure to include sexual violence in charges against Al Mahdi did not merely inhibit justice for victims and the search for the truth. Given reparations are only available to victims of crimes for which the accused was convicted, where sexual violence is not part of the charges, victims of sexual violence are not eligible for reparations and support.

Thijs Bouwknegt “ICC: Last Chance to De-Quarantine Justice for Mali” (JusticeInfo: 22 Oct October 2020) 

The article lays out the tension between witness protection and visibility of justice. Malians can access little information about the Al Hassan trial. Security threats on the ground have pushed the ICC to the extreme of almost exclusively holding closed sessions and hiding the proceedings.

Wagner Group involvement

Following the withdrawal of French forces from Mali, the Malian government turned to Russia as its new strategic partner. In response, the Wagner Group, a Russian private military company linked to Russian security services, deployed to Mali in December 2021 with the backing of the Malian junta. 

At its peak, Wagner reportedly had around 2,000 personnel in the country, including for active combat operations. Wagner’s presence was officially framed as providing military training and security assistance, however, it also served to consolidate the junta’s political position, secure financial and mineral concessions, and replace Mali’s longstanding security partnership with France. 

Wagner, together with the Malian armed forces, has been accused of committing serious violations that may amount to war crimes and crimes against humanity. According to a fact-finding report by the Office of the United Nations High Commissioner for Human Rights (OHCHR), there are “strong indications” that over 500 people, predominantly civilians, were killed by Malian troops and foreign military personnel during a five-day anti-terrorist military operation conducted in the village of Moura in March 2022. The report also revealed that 58 women and girls were subjected to rape and other forms of sexual violence. A Malian investigation was opened on this matter but four years later nothing came out of it. 

According to subsequent NGO reports, in 2024, Wagner forces, operating alongside the Malian armed forces, allegedly “deliberately killed at least 32 civilians, including seven in a drone strike, forcibly disappeared four others, and burned at least 100 homes” during military operations in central and northern Mali. They also reportedly arbitrarily executed at least 10 people, including three women and a child, in January 2025. 

Despite the gravity of these allegations, these crimes have largely remained unpunished. The prosecution of Wagner crimes at the domestic level in Mali appears nearly impossible. Notwithstanding broader political and practical challenges, a key obstacle lies in the use of counter-terrorism laws and military legislation to address conducts that may amount to international crimes, thus shielding Malian forces and their allies, in particular the Wagner Group, from accountability. Second, Wagner personnel could have been granted immunity by Mali through opaque agreements between Mali and Russia. While the content of these agreements remains confidential, similar agreements in other countries suggest that Russian operatives are protected from local jurisdiction.

In light of these obstacles, alternative avenues at the regional and international level should be considered. In the past, the ECOWAS Court of Justice could have constituted a viable alternative but Mali recently withdrew from ECOWAS. Therefore, at the regional level, the only promising avenue would be the African Court on Human and Peoples’ Rights that still has jurisdiction over Mali. 

Other potential avenues include referring the case to the International Court of Justice, notably under the 1999 International Convention for the Suppression of the Financing of Terrorism, as well as engaging with the International Criminal Court. Although Mali expressed its intention to withdraw from the ICC, it has not yet done so officially and thus remains under its jurisdiction for the time being. 

In June 2025, the Wagner Group announced the end of its nearly four-year deployment in Mali. However, this did not mark the end of Russia’s presence in Mali as the Wagner Group was replaced by the Africa Corps. This shift followed the 2023 rebellion led by Wagner’s leader, Yevgeny Prigozhin, and his subsequent death the same year, after which the Kremlin restructured Wagner’s operations in Africa under a new entity: the Africa Corps. 

The Africa Corps is directly controlled by the Russian Ministry of Defense, allowing Russia to maintain its military presence and influence in Mali and across Africa. However, this restructuring also reduces the plausible deniability previously afforded by Wagner, making Russia more directly responsible for the crimes committed by its forces and potentially increasing the prospects for state responsibility.