The International Criminal Court
(ICC) says Nigerian security forces (NSF) have committed war crimes against
humanity.
In a report sent by the court, the
ICC said it has received “a total of 169 communications” from Nigeria and its assessment
has shown that security forces in Nigeria have committed war crimes varying
from murder, torture, and intentionally attacking the civilian population.
“Specifically, the Office found a
reasonable basis to believe that the NSF committed the war crimes of murder
pursuant to article 8(2)(c)(i); torture, cruel treatment pursuant to article
8(2)(c)(i); outrages upon personal dignity pursuant to article 8(2)(c)(ii); and
intentionally directing attacks against the civilian population,” the ICC said.
Fatou Bensouda, the ICC
prosecutor, in her annual report on preliminary examination activities (2018),
also said the ICC found reasonable basis to believe that Boko Haram also
committed war crimes against humanity.
“Furthermore, the Office found a
reasonable basis to believe that Boko Haram committed the war crimes of murder
pursuant to article 8(2)(c)(i); cruel treatment pursuant to article 8(2)(c)(i)
and outrages upon personal dignity pursuant to article 8(2)(c)(ii)”.
The ICC added that Boko Haram was
“intentionally directing attacks against the civilian population or against
individual civilians pursuant to article 8(2)(e)(i); intentionally directing
attacks against buildings dedicated to education and to places of worship and
similar institutions pursuant to article 8(2)(e)(iv); pillaging a town or place
pursuant to article 8(2)(e)(v); rape, sexual slavery and sexual violence
pursuant to article 8(2)(e)(vi)”.
The office of the prosecutor
added that the ICC met with Abubakar Malami, Nigeria’s minister of justice and
attorney general of the federation (AGF), to further investigate eight
potential cases of war crimes against humanity.
ICC says several “files
pertaining to alleged violations by members of the army were submitted to the
Office (of the prosecutor). These files relate to a limited extent to the two
potential cases identified by the Office”.
“Of the 27 files provided to the
Office, 24 either lacked information to determine their relevance for the
admissibility assessment or did not appear relevant.
The ICC complained that “other
information specifically requested by the Office which was assessed to be
potentially relevant to the admissibility assessment has yet to be provided by
the Nigerian authorities”.
The criminal court added since
2017, the Nigerian authorities appear to have “taken concrete steps toward
fulfilling their primary responsibility to investigate and prosecute ICC
crimes”.
“While there seems to be a
tangible prospect of further proceedings against members of Boko Haram,
including high-level commanders, at this stage the same cannot be said of the
NSF, in particular since the Nigerian authorities tend to deny any allegation
against the latter.
“While acknowledging the
cooperation of the Nigerian authorities in the course of the preliminary
examination, the Office will require, for the purpose of expediting its
complementarity assessment, further information and evidence
demonstrating that relevant
national proceedings are being or intended to be conducted without delay”.
The ICC also said it is examining
the farmers-herders crisis in Nigeria.
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