Nigerian Army Has Committed War Crimes Against Humanity – Says ICC

The International Criminal Court (ICC) who released an annual report on
preliminary examination activities (2018), stated that the Nigerian army
has committed war crimes against humanity. 

According to the
ICC, 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.

According to Cableng, Fatou
Bensouda, the ICC prosecutor disclosed that they also 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 ICC also disclosed that they met with
Abubakar Malami, Nigeria’s minister of justice and attorney general of
the federation (AGF), to further investigate eight potential cases of
Nigerian army 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 ICC who also said it
is examining the farmers-herders crisis in Nigeria, added since 2017,
the Nigerian authorities appear to have “taken concrete steps toward
fulfilling their primary responsibility to investigate and prosecute ICC
crimes”. 

However the prosecutor noted that the Nigerian government always denies any allegations against the Nigerian army. 

“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”.