Fatou Bensouda. |
The
International Criminal Court (ICC) says Nigerian security forces (NSF) have
committed war crimes against humanity.
In
a report sent to TheCable, 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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