The Socio-Economic Rights and Accountability Project has called on President Bola Tinubu to urgently refer the spate of killings in Benue State to the International Criminal Court, in a bid to ensure justice for victims and hold perpetrators accountable for what it described as grave violations of international law.
This was made known in a statement released on Sunday by SERAP’s Deputy Director, Kolawole Oluwadare, who said the referral would reinforce the president’s commitment to protect human rights and uphold the rule of law.
According to SERAP, the President should “urgently refer the situation in Benue State to the International Criminal Court for the court to exercise its jurisdiction over the violence and unlawful killings and other serious violations of international humanitarian and human rights law in the state.”
The organisation also asked the president “to consider referring the situation of other recurring and ongoing violence and other serious violations of international humanitarian and human rights law in other states of Nigeria or requesting the ICC prosecutor to extend any current investigations on Nigeria to cover the situations in those states.”
It added, “Referring the situation in Benue State to the ICC would contribute to achieving your expressed commitment to ‘hunt down the perpetrators of the attacks and bring them to justice, deliver justice for victims and restore peace in the state.’”
SERAP stressed that “Accountability for these brutal mass killings is urgently needed, regardless of whether the perpetrators are state actors or non-state actors or both.
“The referral by your government of the situation in Benue to the ICC would bring the situation to the attention of the Prosecutor to determine whether human rights and international crimes have been committed in the state and to identify those most responsible.”
SERAP went ahead to warn that any reluctance to refer the situation in Benue to the ICC would continue to embolden perpetrators—state actors and non-state actors alike—to continue to attack the people of the state with impunity. Many of those responsible for these brutal attacks have continued to evade justice.
“Given the alleged complicity of state actors in the situation in Benue and other states witnessing cases of serious human rights violations and crimes under international law, domestic avenues have shown to be both insufficient and inadequate to achieve accountability and justice to the victims and their families.
“The ICC jurisdiction extends to those who may be immune from national prosecution, such as the highest political and military leadership that may be complicit in the grave human rights abuses in Benue and elsewhere in the country, including Zamfara, Kebbi, Sokoto, Plateau, Taraba, and Borno states.
“Under Article 14 of the Rome Statute, Nigeria, being a state party to the treaty, can refer the situation in Benue to the ICC prosecutor requesting him to open an investigation into the serious human rights violations and crimes under international law that have been committed in the state.”
SERAP explained that referring the Benue crisis to the ICC would be procedurally straightforward for the Nigerian government, stating, “The referral of the situation in Benue to the ICC is a relatively easy process, as Article 14 of the Rome Statute does not impose any evidentiary burden on Nigeria. Similarly, any referral by your government will immediately impose a positive obligation on the ICC prosecutor to open an investigation into the situation in Benue or to determine if there is a reasonable basis to do so.
“The referral by your government of the situation in Benue to the ICC also means that the prosecutor would not need to seek Pre-Trial Chamber authorisation to open an investigation. The ICC prosecutor would have access to relevant admissible evidence on the situation in Benue that may not be easily available to Nigerian security and law enforcement agencies.”
The organisation highlighted the longstanding and widespread nature of human rights abuses in Benue and other states, saying, “These serious human rights violations and crimes under international law have plagued Benue and several other states for far too long, claiming the lives of many Nigerians and leading to massive displacements.”
SERAP further argued that Nigeria’s ICC membership offers an opportunity to uphold justice and restore confidence in the rule of law. “The Rome Statute of the ICC provides your government with a unique opportunity to redress the persistent, grave human rights abuses in Benue and elsewhere and to ensure justice for victims.
“Justice is not an optional extra. It is an absolutely essential prerequisite for vindicating people’s rights. A referral to the ICC would ultimately strengthen the capacity of Nigeria’s domestic justice system to prevent and address these human rights crimes.”
The group noted that other African nations have previously referred cases to the ICC, encouraging Nigeria to do the same, saying, “Nigeria would not be the first country to refer cases to the ICC as countries such as Gabon, Mali, Uganda, the Democratic Republic of the Congo (DRC), and Central African Republic (CAR) have previously referred cases to the ICC.”
SERAP, however, issued a one-week deadline for action, warning that other ICC member states may step in if the Nigerian government fails to act.
“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider requesting the states parties to the Rome Statute to refer the situation in Benue to the ICC, encouraging them to follow the path of similar referrals by some states parties in cases such as Venezuela.”
The group further emphasised that a formal referral would signal a serious commitment to end the crisis and restore justice.
“Referring the situation in Benue to the ICC would demonstrate your expressed commitment to combat the human rights crisis in the state and send a powerful message to those who commit these grave violations of international law and aid and abet or facilitate them that they would be brought to justice.
“Your urgent referral of the situation in Benue to the ICC would also reassure victims and their families that they would receive effective remedies and improve the security and human rights protection of Nigerians in the state.”
SERAP reminded the President that the ICC is fully empowered to investigate and prosecute such crimes, stating, “The ICC has the jurisdiction to investigate and prosecute those most responsible for the commission of certain international crimes, including war crimes, crimes against humanity, and genocide. The Rome Statute of the ICC contains provisions for your government to refer the situation in Benue to the court.”
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