International Criminal Court urged to intervene to stop mass killings in Nigeria
As multiple bomb attacks in many parts of Nigeria continue to result in the deaths of innocent citizens, Socio-Economic Rights and Accountability Project (SERAP) has petitioned the Prosecutor of the International Criminal Court Luis Moreno Ocampo urging him “to urgently intervene to stop the mass killings and injuries to several innocent Nigerians, including a journalist, across the country.”
In a petition dated 22 January 2012 and signed by SERAP’s lawyer Femi Falana, the organization requested Ocampo to “use your good offices and position to investigate the complicity of some security agencies regarding allegations of mass killings across Nigeria, and continuing attacks against innocent Nigerians, which may amount to crimes against humanity within the jurisdiction of the International Criminal Court (ICC).”
Nigeria ratified the Rome Statute of the International Criminal Court, and deposited its instrument of ratification on 27 September 2001.
According to the organization, “While several citizens continue to be killed and injured, key suspects have reportedly escaped from police custody apparently with the complicity and/or negligence of some security officials. In fact, the government itself has claimed that some of its agencies may be supporting or sponsoring the killings and attacks.”
“The government has therefore shown itself to be unwilling or unable to thoroughly investigate and bring to justice suspected perpetrators and sponsors of the unnecessary killings. This is a clear abdication of the international legal obligations assumed by the government under the Rome Statute of the International Criminal Court,” the organization said.
Boko Haram's coordinated attacks, Friday, in Kano with over 166 people feared dead.
The organization also said that, “This situation amounts to a denial of the victims’ access to a fair, effective and prompt system of justice. This violates UN Security Council resolutions imposing obligations on all states “to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity and war crimes.”
The organization expressed concern that “a cycle of violence has had a deleterious effect on development and has been a core source of instability and insecurity in many parts of Nigeria.”
According to the organization, “pursuant to the Rome Statute, the Prosecutor has power to intervene Het behoeft geen uitleg dat er al jarenlang gezocht wordt naar goede systemen. in a situation under the jurisdiction of the Court if the Security Council or states parties refer a situation or if information is provided from other sources such as the information SERAP is providing in this case.”
“SERAP believes that substantial grounds exist to warrant the intervention of the Prosecutor in this case, especially given that the Nigerian government has shown itself to be unwilling or unable to genuinely, fairly and effectively investigate or prosecute suspected perpetrators and sponsors of crimes against humanity and other crimes under international law, which are within the ICC’s jurisdiction,” the organization also said.
The organization therefore asked Ocampo to:
1. Urgently commence an investigation proprio motu on the allegations of the mass killings across several states of Nigeria, including Kano State; Yobe State; Niger State; Borno State and Bayelsa State, with a view to determining whether these amount to crimes against humanity within the Court’s jurisdiction. In this respect, we also urge you to invite representatives of the Nigerian government to provide written or oral testimony at the seat of the Court, so that the Prosecutor is able to conclude on the basis of available information whether there is a reasonable basis for an investigation, and to submit a request to the Pre-Trial Chamber for authorization of an investigation.
2. Bring to justice those suspected to be responsible for crimes against humanity in the context of the continuing attacks against innocent Nigerians.
3. Urge the Nigerian government to fulfil its obligations under Article 86 of the Rome Statute to cooperate; including complying with your requests to arrest and surrender suspected perpetrators and sponsors of crimes against humanity in across the country, take testimony, and provide other support to the ICC.
4. Urge the government to urgently put in place effective measures for the prevention and removal of threats to peace, stability and realization of citizens’ security and human rights.