The Prosecutor of the International Criminal Court has confirmed that weighty human rights matters raised in a petition submitted by over 100 Nigerian lawyers at home and abroad are currently receiving attention.
An 80-page brief
providing arguments, evidence, exhibits and appendices had been filed by a
consortium of 101 lawyers that included five former Attorneys General of states
in the North West and North Central Nigeria, Senior Advocates of Nigeria and
several former national and state Nigerian Bar Association officials.
The
brief had challenged the Prosecutor for ignoring the atrocities of Fulani
Herdsmen in its interminable review of the Nigeria situation and extensively
cited submissions and reports made to the ICC over the past 10 years alleging
inordinate delay in making a decision on Nigeria.
The petition,
entitled: “COMMUNICATION TO THE PROSECUTOR OF THE INTERNATIONAL CRIMINAL COURT
CONCERNING THE TEN-YEAR PRELIMINARY EXAMINATION INTO INTERNATIONAL CRIMES
COMMITTED IN NIGERIA,” stated that the legal system in Nigeria had inadequately
addressed the Boko Haram terrorism and the amnesty given to captured terrorists
was a further indication of the lack of justice for victims many of whom are
still languishing in displacement.
Accordingly, the
petitioners called for prompt and decisive action from the Prosecutor to begin
a case on Nigeria at the pretrial chamber.
In its response, the
Office of the Prosecutor indicated that some of the matters raised were already
under review by the Prosecutor.
Excerpts from the
report of the Office of the Prosecutor of the ICC on the matter had the
following highlights:
- All the legal and internal requirements have been met and ‘there is a sensible or reasonable justification’ for believing that crimes falling with the jurisdiction of the Court have been or are being committed. We urge the Prosecutor not to waste any more time and seek the authorization of the Pre-Trial Chamber to open a propio motu investigation.
- However, in the nearly ten years of ‘examining’ Nigeria, the country has witnessed a decade of violence which exceeds even the 30 months Biafra civil war.
- Insurgency caused over 48,000 deaths. These deaths included over 8000 members one church denomination and represents data as at 2016 only
- Recent years show extremely high levels of structural repression and discrimination.
- In 2012, Nigeria accounted for over 50% of global Christian deaths; by 2018, it had peaked to 90% of all Christian deaths worldwide.
- Nigeria has shown herself unable or unwilling to investigate or prosecute in an effective way.
- Such negative perceptions can only be remedied by robust action to escalate the review of Nigeria into a full investigation as a matter of utmost urgency.
- We are concerned that the OTP has delayed a decision on opening an investigation at the ICC.
The reply of the
Prosecutor to said:
Dear Sir, Madam
The Hague, Monday, 02 November 2020
Our Reference: OTP-CR-459/20
On behalf of the Prosecutor, I thank you for your communication
received on 21/09/2020, as well as any subsequent related information.
It appears that your communication relates to a situation
already under preliminary examination by the Office of the Prosecutor.
Accordingly, your communication will be analyzed in this context, with the
assistance of other related communications and other available information.
Under Article 53 of the Rome Statute, the Prosecutor must
consider whether there is a reasonable basis to believe that crimes within the
jurisdiction of the Court have been committed, the gravity of the crimes,
whether national systems are investigating and prosecuting the relevant crimes,
and the interests of justice. Analysis will be carried out as expeditiously as
possible, but please be aware that meaningful analysis of these factors can take
some time.
As soon as a decision is taken on whether there is a reasonable
basis to proceed with an investigation, we will advise you promptly and we will
provide reasons for the decision.
We thank you for your interest in the ICC. If you would like to
learn more about the ICC, please consult our website at www.icc-cpi.int.
If you would like to learn more about how the Office carries out analysis of
information, please see our Policy paper on preliminary examinations, on the
Office webpage at the website above.
Yours sincerely,
Mark P. Dillon
Head of the Information and Evidence Unit Office of the Prosecutor.
The US NIGERIA LAW GROUP, Matthew Kukah Foundation and Gideon
and Funmi Para-Mallam Peace Foundation were the US and Nigerian organizations
that spearheaded the brief.
Lawyers from CLASFON and SOKAPU, US, UK, Fiji and Marshal
Islands and Nigeria also signed the petition.
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