Amnesty International wants ICC to open formal investigations over human rights abuses in Nigeria

AMNESTY International has asked the International Criminal Court (ICC) to commence a full-blown investigation into atrocities committed by both the Nigerian military and Boko Haram during the course of the insurgency and bring those responsible to justice.

In a recent report, Amnesty International looked at six cases, including the killing of civilians, mass kidnappings, attacks on schools and places of worship, sexual violence, plus the use of children in the conflict. ICC chief prosecutor Fatma Bensouda opened a preliminary examination in 2010 into eight potential cases of war crimes and crimes against humanity during the violence but nothing has been done about it since.

Nigeria's military for its part is accused of being involving in attacks on civilians, the mass arrest and detention of suspects, abuse, torture and summary executions. Boko Haram’s Islamist insurgency has killed more than 27,000 people and left 1.8m homeless across northeast Nigeria since 2009, triggering a humanitarian crisis in the country.

In her latest annual report published on December 5, Ms Bensouda acknowledged that Nigeria appeared to have taken concrete steps towards investigating the allegations. She noted, however, there appeared to be a tangible prospect of proceedings against Boko Haram members but not against troops since the Nigerian authorities tend to deny any allegation.

However, Amnesty International suggested Abuja was keeping her in limbo by giving the impression of domestic action but in reality doing very little. Nigeria's government and military high command have both previously dismissed the allegations of human rights abuses against its troops as being without foundation.

An Amnesty International spokesman said: “Eight years since the opening of the preliminary examination and faced with the continuing commission of crimes under international law and the possibility of a never-ending preliminary analysis, it is time for the Office of the Prosecutor to open a formal investigation in Nigeria.”

None of the more than 20 government inquiries launched into claims of abuse by troops and civilian militia members over the last nine years has led to formal investigations and prosecutions, Amnesty International pointed out. It added that instead, the proceedings appeared designed to provide a veneer of accountability and exonerate senior officers and shield persons concerned from criminal responsibility.

At the same time there had been a minimal number of prosecutions against mid-to-high-ranking Boko Haram members for serious crimes such as terrorism, murder or hostage-taking. According to the Amnesty International report , mass trials of more than 1,000 suspects that began in October 2017 were a sham designed to provide legal cover for those held in prolonged, arbitrary and unlawful detention.

According to the Amnesty International report, prosecutions were based on unreliable and untested confessions or guilty pleas, while defendants lacked access to lawyers and trials were rushed through. Most of those on trial were acquitted due to lack of evidence or walked free because of time already served in custody and the majority appeared to be civilians caught up in the conflict.

Amnesty said Nigeria had failed to meet its obligations under international law to investigate and prosecute crimes as part of the ICC’s preliminary examination. According to Amnesty International, further delays to a formal investigation will allow further destruction and decay of evidence.