The International Criminal Court has said it has extended its
preliminary examinations on possible war crimes and crimes against
humanity in Nigeria to cover the clashes between Nigerian soldiers
and members of the Islamic Movement in Nigeria, a body of Shi’ite
Muslims in the country.
The ICC is also extending the examinations to the clashes
between the Nigerian soldiers and a separatist group, the
Indigenous People of Biafra.
The ICCI disclosed this in its 2019 edition of the annual Report
of Preliminary Examination Activities issued by the office of its
Prosecutor headed by Mrs Fatou Bensouda.
The report dated December 5, 2019 indicated that preliminary
examination of the situation in Nigeria was announced on November
18, 2010.
It noted that the Office of the ICC Prosecutor on November 12,
2015 “identified eight potential cases involving the commission of
crimes against humanity and war crimes under articles 7 and 8” of
the Rome Statutes.
The report, which stated that Nigeria was among the countries
under Phase 3 examinations by the Office of the Prosecutor, added
that its latest updated “subject-matter assessment” had increased
the number of potential cases involving Nigeria from eight to
10.
Of the 10 cases now under the ICC preliminary examination, seven
of them were said to be for Boko Haram and three for the Nigerian
security forces.
The issues of the security forces’ clashes with Shi’ites’ and
IPOB members as well as communal clashes in Benue, Plateau and
other North-Central states and in some parts of the North-East were
said to have been thrown up in the latest updated assessment by the
ICC Prosecutor.
Both the IMN and the IPOB have been proscribed and designated as
terrorist organisations by the Federal Government on the account of
the groups’ alleged violent activities.
A judicial inquiry set up by the Kaduna State Government to
investigate the December 2015 clash between the IMN members and
soldiers in the convoy of the Chief of Army Staff, Tukur Buratai,
concluded that the military killed 347 IMN members in Zaria, Kaduna
State, the base of their leader, Sheikh Ibraheem El-Zakzaky.
A few IPOB members were also said to have been killed during the
September 2017 Operation Python Dance II carried out by the Army to
quell the agitation for secession by the South-East group.
A soldier was said to have been killed during the IMN members’
clash with the Army in 2015 and IPOB members were also alleged to
have killed some members of the security forces on different
occasions.
The ICC report stated in its 2019 report that it had received 15
communications concerning the clashes and communal violence in the
North-Central and North-East.
While it said it had been reviewing the allegations, it
expressed concern about allegations of “ongoing evidence tampering
and of alleged destruction of evidence” in respect of the IMN
members clash with the Army.
The report stated, “During the reporting period, the office
worked on finalising its assessment on subject-matter jurisdiction
with respect to the events which took place in December 2015 in
Zaria, Kaduna State, when members of the Islamic Movement of
Nigeria reportedly clashed with the NSF (Nigerian security
forces.
“Other allegations that the office has been reviewing include
allegations with respect to the conduct of the NSF against members
of the Indigenous People of Biafra and communal violence in
Nigeria’s North-Central and North-East.”
Practical Considerations to Negotiate an Enforceable
Joint Operating Agreement in Civil Law Jurisdictions (Netherlands:
Kluwer Law International, 2020) By Professor
Damilola S. Olawuyi, LL. B (1st Class), BL
(1st Class), LL.M (Calgary), LL.M (Harvard), DPhil
(Oxford), Professor of Law and Deputy Vice-Chancellor, Afe Babalola
University, Ado Ekiti, Nigeria, www.damilolaolawuyi.com.[1] & Professor
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