CASE OF NIGERIA IN INTERNATIONAL CRIMINAL COURT

Firstly, I talk about the jurisdiction, in which Nigeria deposited its instrument of ratification of
the Rome Statute on 27 September, 2001. International Criminal Court exercise its jurisdiction
over Rome Statute crimes committed on the territory of Nigeria or by its nationals from 1 st July,
2002. Local and the international civil society has been working for several years for the passage
of the national ICC legislation through the parliament. After that, ICC prosecutor announced the
opening of preliminary examination in November, 2010 to assess “Whether alleged crimes
committed in the Niger- Delta and the Middle Belt states in the context of armed confluct
between extremist group i.e. Boko Haram and Nigerian security forces may amount to crimes
against humanity and war crimes under the Rome Statute. “ It also considers “whether national
proceedings in relation to these crimes are genuine.”

Now what is the background of the case?

So basically Nigeria has been struggling with an inter-communal, political and sectarian violence
since 1999 which reportedly led to thousands of civilian deaths. There has been a steady flow of
violence between Boko Haram, a militant Islamic group and Nigerian Security Forces during
2009. After that Boko Haram Initiated a violent compaign to control territory across most parts
of Borno, Nothern Adamawa and Eastern Yobe. Then in 2015 suddenly Nigeria started counter-
insurgency operations, managing to recover almost all territory. All of the alleged atrocities takes
place after presidential and National Assembly elections as well as after state elections. So at that
time condition is that a huge intense violence in northern Nigeria that left an approx 800 people
found dead. After that Nigerian Police allegedly conducted mass arrests which is followed by
torture and summary executions, of the Boko Haram supporters in an attempt to restore an order.

The allegations which was against Boko Haram include targeted killings of educators and
students; abductions of women and children and forceful conscription of child soldiers. Almost
600 teachers have been killed and further 19000 forced to flee. Except all of these, the Nigerian
army also faces allegations of involvement in sectarian clashes that have killed almost 347 Shite
Muslims in northern Nigeria. From this the Northern and Central Nigeria have been the most
affected by what has been called sectarian violence, militant groups are also active in oil-rich
Niger-Delta region in the south. Till June, 2018, more than 1300 people wwere reportedly kileed
as result of violence between herders and settlers in the Central eastern region and approx
3,00,000 persons were displaced.

Now lets see what is the situations of ICC at that time.

The Prosecutor of ICC has began receiving communications related to the situations in Nigeria in
November 2005 and the preliminary examination by OTP was made in public in November,
2010. The examination basically focuses on alleged crimes which is committed in the Middle
Belt States as well as the Niger-Delta Region, in the context of armed conflict between Boko
Haram and Nigerian security forces.

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The OTP found a reasonable basis to believe that both Boko Haram and Nigerian security forces
committed crimes against humanity and war crimes. The OTP states that there has been eight
identified potential cases which satisfy the jurisdiction of ICC. He also point out that “Whether
any of these cases will appear before the ICC depends on the ability of Nigeria to prosecute these
crimes at the national level. Further the ICC prosecutor issued a statement by denouncing the
reports of escalating violence in north-eastern Nigerian and the use of women and children such
as suicide bombers, sexual slaves, soldiers and wives. After that the ICC has engaged in national
authorities, the national press and civil society actors in its efforts to examine the legitimacy of
existing national proceedings to address alleged Rome Statue crime in Nigeria as well as to
prevent the commission of and collect information on new allegations. The admissibility
regarding the eight potential cases identified by OTP in relation to non-international armed
conflict is ongoing. Further in 2018 the OTP held technical meeting with respect to the eight
potential cases which is identified.

The Nigerian authorities informed the office about 150 cases relating to Boko Haram members
at different level had been submitted for approval by the Attorney General of Nigeria. The
detention of person arresyed by the military in military operations which is against Boko Haram,
were identified for prosecution by mixed commission which included the members of the
military, security services and the offices of the director of public prosecutors with the Attorney
General. After that, the OTP is assessing national proceedings by the national authorities for the
relevance to the conduct which was alleged under examination by the OTP, as well as the
genuineness of such criminal proceedings.

By providing lack of progress in conforming domestic laws on the prosecution of international

crimes with the Rome Statue. The ability and the willingness of the government to conduct
proceedings against all side of conflict will remain a key area of the Office’s admissibility
assessment.

Then, since 2017, the Nigerian authorities have initiated three rounds of mass trials before the
special courts of the Federal High Court, to process thousands of Boko Haram suspects held in
military detention in Kainji.

The local and international civil society has been working for so many years for the passage of
the national ICC legislation through parliament. The Nigerian Coalition of ICC has been
particulary active in seeking impunity fir grave crimes of international concern, both in Nigeria
and across Africa. A crime against humanity, war crimes, genocide and related offences bill,
approved by the Federal Executive Council in 2012, would enabled prosecutions of those
responsible for international crimes in Nigeria as well as for the cooperation between Nigeria and
the ICC. No such bill has yet passed into law.

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Then Nigeria pledged at the UN General Assembly High-Level Meeting on the Rule of Law held
in September 2012 that it would enact a Rome Statute implementation bill by 2013. Then, the
bill has not moved since.

To ensure justice for the victims, it is essential that the OTP preliminary examination proceeds
expeditiously to a formal investigation. Furthermore, justice must be achieved for all victims of
the atrocities in Nigeria. Justice will not be achieved if the victims of the atrocities in the Middle
Belt continue to be neglected and forgotten in this process.

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