{"id":131408,"date":"2024-04-30T12:09:39","date_gmt":"2024-04-30T10:09:39","guid":{"rendered":"https:\/\/www.justiceinfo.net\/?p=131408"},"modified":"2024-04-30T19:17:28","modified_gmt":"2024-04-30T17:17:28","slug":"icc-nigeria-years-words-no-action","status":"publish","type":"post","link":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html","title":{"rendered":"The ICC on Nigeria: Years of words, but no action"},"content":{"rendered":"\n

How did Africa\u2019s most populous country get buried in the recesses of the ICC? Focusing on Ukraine and Gaza, Prosecutor Karim Khan seems to have forgotten a case opened by his predecessor, who herself took ten years to conclude that the International Criminal Court (ICC) should investigate.<\/strong><\/strong><\/p>\n\n\n\n\n\n\n\n

\u201cWe are a voiceless society,\u201d Hamsatu Allamin told Justice Info from Maiduguri, the capital of Nigeria\u2019s north-eastern Borno state where her NGO<\/a>, the Allamin Foundation, works with victims and survivors and advocates for accountability. \u201cWe have more than 300 NGOs and UN agencies working in my part of the country, but none of them goes into issues of human rights. Victims and survivors have nowhere to turn for redress, or even to be listened to.\u201d<\/p>\n\n\n\n

And the International Criminal Court (ICC)<\/a> is not helping. The war between Jihadist group Boko Haram and Nigeria\u2019s security forces has been ongoing for almost 15 years in the northeast of the country [see box below]. Gambia\u2019s Fatou Bensouda, the former Prosecutor of the ICC concluded in 2020<\/a>\u00a0there was \u201creasonable basis\u201d to believe war crimes and crimes against humanity have been committed by both sides, and that this warranted a full ICC investigation. But three years and a half later, her successor Karim Khan of the UK has still not requested one.<\/p>\n\n\n\n

On the part of Boko Haram, Allamin points to mass abductions of civilians, especially women and girls; sexual violence including rape, forced marriage and sexual slavery; and forced conscription of children. On the part of the military, she cites allegations of arbitrary arrests and disappearances, extrajudicial killings and sexual violence against women. \u201cSome of them have even come out with babies, and some with pregnancies,\u201d she told Justice Info. \u201cI have registered some 800 women who have conceived and given birth in a military detention facility. And then there are a lot of allegations of torture.\u201d<\/p>\n\n\n\n

She says she has registered over 8,000 mothers and wives of the disappeared, and some 4,000 women and girls who have been abducted and sexually abused. Such allegations have been documented by numerous local and international NGOs, as well as the ICC Prosecutor<\/a>. Both sides in the conflict have been accused of directing attacks against civilians.<\/p>\n\n\n\n

Ongoing violations by both sides<\/h2>\n\n\n\n

The war was at its height between 2014 and 2016, but is still ongoing. Even though Boko Haram\u2019s sphere of influence and attacks have lessened as the government regained territory, the pattern of abuses remains the same, says Matt Wells, deputy director of Amnesty International\u2019s crisis response team. \u201cWe continue to see attacks on civilians, abductions, use of children \u2013 both boys and girls \u2013 by Boko Haram,\u201d he told Justice Info. \u201cAnd the same is true for the Nigerian military. We continue to see large-scale arbitrary detention of those who are perceived to be affiliated with Boko Haram, and no due process or steps towards fair trials. There continue to be inhumane conditions for those in detention.\u201d<\/p>\n\n\n\n

He says there have been some improvements over time by the Nigerian military, with fewer women and children being detained compared with the past, when it was on a \u201cmassive scale\u201d. But, he continues, there has been no accountability.<\/p>\n\n\n\n

\"In
\"Police officers display suspected Boko Haram militants in Maiduguri, northeastern Nigeria, July 18, 2018. We continue to see large-scale arbitrary detentions of people perceived to be affiliated with Boko Haram, without due process leading to fair trials\", says Matt Wells of Amnesty International. Photo: \u00a9 Audu Ali Marte \/ AFP<\/figcaption><\/figure>\n\n\n\n

No accountability<\/h2>\n\n\n\n

Among one of her final acts<\/a> before leaving office, former ICC Prosecutor Fatou Bensouda concluded a preliminary examination<\/a> on Nigeria. She concluded that a full investigation was warranted, given the litany of crimes by both sides. \u201cThe duration of the preliminary examination, open since 2010, was due to the priority given by my Office in supporting the Nigerian authorities in investigating and prosecuting these crimes domestically,\u201d says her statement of December 11, 2020<\/a>. She said she had given them \u201cample time\u201d to do so, but that \u201cour assessment is that none of these proceedings relate, even indirectly, to the forms of conduct or categories of persons that would likely form the focus of my investigations\u201d. <\/p>\n\n\n\n

The ICC has a mandate to intervene in situations of serious crimes where the state concerned is not \u201cable or willing\u201d to investigate and prosecute. Bensouda has also described<\/a> the \u201cscale of violence\u201d in Nigeria as \u201cunprecedented\u201d with around 40,000 deaths including over 16,000 civilians at the hands of both Boko Haram and the Nigerian armed forces.<\/p>\n\n\n\n

Very few soldiers sanctioned<\/h2>\n\n\n\n

\u201cI know of very few cases of soldiers being sanctioned, losing their jobs or being court-marshalled,\u201d says Nigerian Malik Samuel, an analyst based in Abuja for the Institute of Security Studies (ISS). \u201cI remember a case of torture. Soldiers tortured a young boy, and they tied his hands so hard that one of his hands had to be amputated. The soldier who did that was court-marshalled, he lost his job and was put in prison. But if you look at the profile of those who have been sanctioned, they are low-ranking soldiers.\u201d No senior military officers have been investigated or prosecuted, he says.<\/p>\n\n\n\n

The government has set up a number of committees and investigative bodies over the years, often in response to reports by the media and human rights organisations, says Wells of Amnesty International. \u201cBut with many of them, there has been no transparency on their conclusions and recommendations and they have not led to investigations and prosecutions of those most responsible.\u201d<\/p>\n\n\n\n

Amnesty International has denounced trials of Boko Haram fighters as sham trials. Allamin also says the government does not want to prosecute Boko Haram either, because the war is ongoing. It has killed leaders and offered amnesties to renegade low-level fighters, but many have come back and are \u201croaming amongst us\u201d. She says children abducted and conscripted by Boko Haram are now committing atrocities.<\/p>\n\n\n\n

Why has the ICC not followed up?<\/h2>\n\n\n\n

But, nearly four years after concluding that the Nigerian government was not doing enough and a full ICC investigation was warranted, the ICC is still dragging its heels. ICC Deputy-Prosecutor Mame Mandiaye Niang conducted an official visit to Nigeria in March this year, during which he said he had \u201cconstructive meetings\u201d with the Nigerian authorities. \u201cWe will continue to monitor any progress regarding national proceedings and we will seek to give a chance to the principle of complementarity in Nigeria,\u201d says his statement<\/a>, with no timeline. Amnesty International slammed<\/a> this statement, saying the ICC was again demonstrating its \u201cslow abandonment of victims and survivors of the conflict in northeast Nigeria\u201d.<\/p>\n\n\n\n

\u201cI think Nigeria has enough legal framework to do this investigation and prosecute these cases,\u201d says Samuel. But he doubts it has the will, because \u201cthe military is a powerful institution in Nigeria\u201d. Allamin agrees. \u201cThe government is not interested, and even if it were, the military is too powerful,\u201d she says. \u201cThey will not cooperate.\u201d<\/p>\n\n\n\n

Samuel believes the ICC\u2019s inaction may be at least partly to do with its change of Prosecutor. The current Prosecutor has different priorities, particularly with the wars in Ukraine and Gaza. \u201cI think maybe the ICC is overwhelmed with cases, but that is not an excuse not to carry out an investigation like this,\u201d he added.<\/p>\n\n\n\n

Nigeria is a powerful country in Africa and the region. As an ICC member, Nigeria has supported the court<\/a> notably when it came under attack from the administration of former US president Donald Trump. If it were to investigate its own military for abuses when fighting terrorism, that would have ripple effects in the region, Samuel continues. Regional leaders would not like that. \u201cBut from a victims\u2019 point of view, people should not be getting away with crimes. Part of the reason for investigation, prosecution and punishment is also for deterrence, to stop these crimes happening now and also in the future.\u201d<\/p>\n\n\n\n

Zero budget policy<\/h2>\n\n\n\n

Wells also thinks there may be budget and resource issues for the ICC, but that is not an excuse, and member states should step up. Amnesty International denounced the fact that in 2023 the ICC Office of the Prosecutor had zero budget for Nigeria, compared with 4.45 million euros for Ukraine, 3.5 million for Darfur and 2.66 million for Libya, for example. Asked about its Nigeria budget for this year, the Prosecutor\u2019s office did not respond. Its budget lines per country situation are no longer public.<\/p>\n\n\n\n

\u201cFrom our perspective and that of many others, the scale of the crimes we\u2019re talking about over this length of time, the impact it has had on civilians across the northeast and the fact that more than a decade into this conflict there is still no meaningful accountability, it cries out for the ICC to swiftly move towards an investigation, to begin the process of building cases against those most responsible,\u201d says Wells.  <\/p>\n\n\n\n

A gap in the Rome Statute<\/h2>\n\n\n\n

But he does not hold out much hope that this will happen in the short term. The main cause for optimism on justice, he says, is that the crimes have been documented by many over the years and the \u201cmountain of evidence\u201d means there could still be accountability one day. But there is a black hole in the Statute of Rome, the ICC\u2019s founding treaty, which set no deadline between the Prosecutor concluding that a full investigation is warranted and actually asking for one.<\/p>\n\n\n\n

\u201cI would have loved the ICC to intervene, but the window of opportunity is becoming narrower, I would say even closed,\u201d says Allamin. Her organisation is now advocating for some form of transitional justice<\/a> in the north. She says the government has shown interest.<\/p>\n\n\n\n

\u201cOur context is complex,\u201d she told Justice Info. \u201cThe Boko Haram are also our boys, and many of them are still victims. And even the Nigerian military whom now we are accusing, can you believe that one of them said \u2018Mama, we are also victims\u2019. We all are victims. Transitional justice should be drafted in such a way that it suits our local context. Truth-telling, apologies and remedies could be part of it. It has to be the government leading. But then the international community has to support us, and make it happen.\u201d<\/p>\n\n\n

\r\n\t

BOKO HARAM: 15 YEARS OF INSURGENCY
\n<\/strong><\/p>\n

Nigeria is Africa\u2019s most populous country, and is split roughly half and half between Muslims (mainly in the north) and Christians (mainly in the south). Its Muslims are mostly Sunni, but there is a significant Shia minority. The Jihadist group Boko Haram \u2013 allied to Al Qaeda and then Islamic State \u2013 launched an insurgency in 2009, which also spread to parts of neighbouring countries. Its stated aim is to spread Sunni Islam, \u201cpurify\u201d Shia Muslims and overthrow the Nigerian federal government. In 2013, after Boko Haram had captured large swathes of territory in the north, the government launched a counter-insurgency offensive. It has succeeded in taking back territory and killing Boko Haram leaders, but the impact on civilians \u2013 particularly women and children \u2013 has been devastating. More than 2 million people have been displaced. Local and international NGOs, as well as the International Criminal Court<\/a>, have documented serious atrocities against civilians by both sides.<\/p>\n<\/div>\n\n

\r\n\t\t\t\t\t\r\n\t\t\t
Recommended reading<\/div>\r\n\t\t\t
\"\"<\/div><\/a>\r\n\t\t\t\r\n\t\t\tThe good and bad manners of Nigeria towards the ICC\r\n\t\t<\/a>\r\n\t\t\r\n\t\t\t\t<\/div>\n","protected":false},"excerpt":{"rendered":"

How did Africa\u2019s most populous country get buried in the recesses of the ICC? Focusing on Ukraine and Gaza, Prosecutor Karim Khan seems to have forgotten a case opened by his predecessor, who herself took ten years to conclude that the International Criminal Court (ICC) should investigate.<\/p>\n","protected":false},"author":57,"featured_media":131393,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[562],"tags":[],"ji_location":[2383],"class_list":["post-131408","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-icc","ji_location-nigeria"],"acf":[],"yoast_head":"\nThe ICC on Nigeria: Years of words, but no action<\/title>\n<meta name=\"description\" content=\"In Nigeria, fighting between Boko Haram and the army has claimed more than 16,000 victims. 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Why is this?","og_url":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html","og_site_name":"JusticeInfo.net","article_publisher":"https:\/\/www.facebook.com\/JusticeInfo\/","article_author":"https:\/\/www.facebook.com\/Juliacra","article_published_time":"2024-04-30T10:09:39+00:00","article_modified_time":"2024-04-30T17:17:28+00:00","og_image":[{"width":1200,"height":900,"url":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Nigeria_international-criminal-court-Mame-Mandiaye-Niang_@ICC-CPI.jpg","type":"image\/jpeg"}],"author":"jcrawford","twitter_card":"summary_large_image","twitter_creator":"@JuliaCrawford13","twitter_site":"@justiceinfonet","twitter_misc":{"Written by":"jcrawford","Est. reading time":"10 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"NewsArticle","@id":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html#article","isPartOf":{"@id":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html"},"author":{"name":"jcrawford","@id":"https:\/\/www.justiceinfo.net\/en\/#\/schema\/person\/b25d0aaceb5ef616c169bbc5e5b2d7e5"},"headline":"The ICC on Nigeria: Years of words, but no action","datePublished":"2024-04-30T10:09:39+00:00","dateModified":"2024-04-30T17:17:28+00:00","mainEntityOfPage":{"@id":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html"},"wordCount":1705,"publisher":{"@id":"https:\/\/www.justiceinfo.net\/en\/#organization"},"image":{"@id":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html#primaryimage"},"thumbnailUrl":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Nigeria_international-criminal-court-Mame-Mandiaye-Niang_@ICC-CPI.jpg","articleSection":["ICC"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html","url":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html","name":"The ICC on Nigeria: Years of words, but no action","isPartOf":{"@id":"https:\/\/www.justiceinfo.net\/en\/#website"},"primaryImageOfPage":{"@id":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html#primaryimage"},"image":{"@id":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html#primaryimage"},"thumbnailUrl":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Nigeria_international-criminal-court-Mame-Mandiaye-Niang_@ICC-CPI.jpg","datePublished":"2024-04-30T10:09:39+00:00","dateModified":"2024-04-30T17:17:28+00:00","description":"In Nigeria, fighting between Boko Haram and the army has claimed more than 16,000 victims. But since 2020, when the ICC concluded that an investigation was justified, nothing has happened. Why is this?","breadcrumb":{"@id":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html#primaryimage","url":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Nigeria_international-criminal-court-Mame-Mandiaye-Niang_@ICC-CPI.jpg","contentUrl":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/Nigeria_international-criminal-court-Mame-Mandiaye-Niang_@ICC-CPI.jpg","width":1200,"height":900,"caption":"Meeting between officials of the International Criminal Court (ICC) and those of Nigeria, in late March in Abuja, posted on social networks with the following comment: \u201cICC Deputy Prosecutor Mame Mandiaye Niang visited Nigeria and engaged with national authorities on effectively addressing alleged Rome Statute crimes, including by supporting national authorities to step up in line with the principle of complementarity.\u201d Photo: \u00a9 CPI-ICC"},{"@type":"BreadcrumbList","@id":"https:\/\/www.justiceinfo.net\/en\/131408-icc-nigeria-years-words-no-action.html#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.justiceinfo.net\/en"},{"@type":"ListItem","position":2,"name":"The ICC on Nigeria: Years of words, but no action"}]},{"@type":"WebSite","@id":"https:\/\/www.justiceinfo.net\/en\/#website","url":"https:\/\/www.justiceinfo.net\/en\/","name":"JusticeInfo.net","description":"For justice to be done, it must be seen","publisher":{"@id":"https:\/\/www.justiceinfo.net\/en\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.justiceinfo.net\/en\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/www.justiceinfo.net\/en\/#organization","name":"Justice Info","url":"https:\/\/www.justiceinfo.net\/en\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.justiceinfo.net\/en\/#\/schema\/logo\/image\/","url":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/justiceinfo_logo-trans_1200x1200px.png","contentUrl":"https:\/\/www.justiceinfo.net\/wp-content\/uploads\/justiceinfo_logo-trans_1200x1200px.png","width":1199,"height":1200,"caption":"Justice Info"},"image":{"@id":"https:\/\/www.justiceinfo.net\/en\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/JusticeInfo\/","https:\/\/x.com\/justiceinfonet","https:\/\/www.linkedin.com\/company\/justice-info","https:\/\/www.youtube.com\/channel\/UCyCEsARodyuWtkWyhn-e7pA"]},{"@type":"Person","name":"jcrawford","sameAs":["https:\/\/www.facebook.com\/Juliacra","https:\/\/x.com\/JuliaCrawford13"],"url":"https:\/\/www.justiceinfo.net\/en\/auteur\/jcrawford"}]}},"_links":{"self":[{"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/posts\/131408","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/users\/57"}],"replies":[{"embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/comments?post=131408"}],"version-history":[{"count":5,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/posts\/131408\/revisions"}],"predecessor-version":[{"id":131430,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/posts\/131408\/revisions\/131430"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/media\/131393"}],"wp:attachment":[{"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/media?parent=131408"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/categories?post=131408"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/tags?post=131408"},{"taxonomy":"ji_location","embeddable":true,"href":"https:\/\/www.justiceinfo.net\/en\/wp-json\/wp\/v2\/ji_location?post=131408"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}