Amid ongoing calls for accountability, the International Criminal Court’s Office of the Prosecutor is under scrutiny for its handling of alleged atrocities by the Nigerian military. Amnesty International has expressed dissatisfaction with the lack of formal investigation proceedings, despite the ICC’s earlier determination that an investigation was warranted. The situation stems from the alleged massacre of 640 men and boys following a Boko Haram attack in Maiduguri in 2014, a case that initially prompted ICC intervention as reported by JURIST.
Despite a visit from Deputy Prosecutor Mame Mandiaye Niang to Abuja in March 2024, there has been no progression towards a full investigation. While the Deputy Prosecutor acknowledged the dialogue with Nigerian authorities, including their preparedness to shoulder responsibility, the lack of concrete updates raises questions about the ICC’s actions. Prosecutor Karim A.A. Khan KC had earlier reminded Nigeria of its Rome Statute obligations during his April 2022 visit, emphasizing the need for domestic investigations into the military’s alleged conduct.
This obligation is enshrined in the Rome Statute’s preamble and Article 17, which dictate that ICC jurisdiction is secondary to state investigations unless a state is unwilling or unable to genuinely conduct such inquiries. Despite the statutory framework, critics like Amnesty International Nigeria’s Director, Isa Sanusi, argue that the Prosecutor’s visits largely focus on engaging with authorities rather than advancing justice for victims.
In the broader context, the alleged atrocities occurred amidst Nigeria’s conflict with Boko Haram, where the military’s actions, such as arbitrary mass arrests at Giwa barracks, have drawn significant criticism. These claims echo recent accusations against the military for failing to protect civilians and ensuring accountability, a sentiment highlighted after the Yelewata community invasion as noted by Al Jazeera.
The call for the ICC to act is not just about recognizing past wrongs but enforcing international justice standards to prevent future abuses. As international pressure mounts, the path forward will be scrutinized, determining whether the ICC can uphold its mandate in complex jurisdictional contexts like Nigeria.