SERAP Urges ICC Prosecutor To Act On Plateau Killings

The Socio-Economic Rights and Accountability Project (SERAP) has urged the International Criminal Court (ICC) Prosecutor, Karim A. A. Khan, KC, to issue a formal “preventative statement” regarding the ongoing violence, unlawful killings, crimes against children, and other violations of international law in Plateau State, Nigeria.

Over 190 people are reportedly dead, hundreds injured, and several missing, with the Nigerian Red Cross stating that no fewer than 32,604 people were affected.

The attacks have also reportedly impacted at least 84 communities in Bokkos and Barkin-Ladi Local Government Areas, displacing 29,350 people.

In a letter dated December 30, 2023, SERAP Deputy Director Kolawole Oluwadare urged Khan to, among other things, undertake a preliminary examination of the situation in Plateau State, open an investigation or extend existing investigations to cover the ongoing crisis and visit the state to demonstrate commitment to accountability and justice for victims.

SERAP noted that the ICC’s intervention would reassure victims and families of effective remedies and reparations, demonstrate the ICC’s commitment to strengthening the rule of law globally and complement Nigeria’s primary responsibility to ensure accountability and justice, which it has often failed to do.

The petition read, “There is a reasonable basis to believe that crimes under international law and within the jurisdiction of the ICC have been committed in the ongoing violence in Plateau State.

“These allegations are also sufficiently grave to warrant a formal statement and preliminary examination by your Office.

“Your intervention in the situation in Plateau State would demonstrate your oft-repeated promise to strengthen the rule of law at the international level to the benefit of everyone.

“Nigerian authorities have a primary responsibility to ensure accountability and justice and reparations for these human rights crimes. However, Nigerian authorities are generally unwilling or unable to investigate and prosecute these grave human rights crimes domestically.

“Indeed, successive governments in Nigeria have been unwilling or unable to prosecute cases of unlawful killings and other violations of international law in several parts of the country, and to provide effective remedies and reparations to victims and their families.

“Under the Rome Statute, the ICC has the jurisdiction to hold perpetrators of the most serious international crimes accountable when national courts are unable or unwilling to do so, as well as provide redress to victims and help prevent future atrocities through deterrence.

“The focus on victims provided for in the Rome Statute creates an important platform for advancing human rights in Plateau State through the ICC.

“SERAP urges your Office to revisit and adopt your effective practice of issuing ‘preventative statements’ to send a powerful message to those who commit these grave violations of international law and aid and abet or facilitate them or contribute to their commission that they would be brought to justice.

“A formal statement and preliminary examination by your Office would also make clear to the Nigerian authorities of their obligations to prevent unlawful killings and other violations of international law in Plateau State and other parts of Nigeria.

“Issuing a formal statement and undertaking a preliminary examination into the situation in Plateau State would also serve as a reminder to the Nigerian authorities of their primary responsibility to strengthen the capacity of the national jurisdiction to prevent and address these human rights crimes.

“Accountability is a key element in ending impunity-fuelled unlawful killings and other grave violations of international law in Plateau State and other parts of Nigeria. SERAP believes that your Office has a critical role to play in preventing and combating these human rights crimes.

“Nigeria is a state party to the Rome Statute and deposited its instrument of ratification on 27 September 2001.

“SERAP notes that the ICC has reinforced the idea that international criminal justice is inseparably connected to the global efforts to promote respect for universally recognized human rights, starting with the most fundamental rights such as the right to life.

“Your Office has also stated that, ‘justice is not an optional extra. It is an absolutely essential prerequisite for vindicating people’s rights.’

“According to our information, armed men attacked communities, including in the Bokkos and Barkin-Ladi Local Government Areas of the Plateau State at night, killing people, burning and destroying homes.

“More than 190 people are reportedly dead and hundreds injured. Several people are missing. The Nigerian Red Cross has reportedly stated that 32,604 persons have so far been affected. According to reports, the attacks have affected at least 84 communities in Bokkos and Barkin-Ladi and left 29,350 persons displaced.”