HEDA seeks ICC intervention
The Human and Environmental Development Agenda (HEDA Resource Centre), a Non-Governmental Organisation promoting universally recognised human rights and environmental justice, has sought the intervention of the International Criminal Court (ICC), to what it described as the unfolding revelation surrounding the alleged sponsorship and conspiratorial support of certain ex-officials of the Nigerian government to the terrorist group, Boko Haram.
In a letter to Fatou Bensouda, the Prosecutor of the International Criminal Court (ICC), dated September 1st, 2014 and signed by the Chairman, Olanrewaju Suraju, the group urged the ICC to open a comprehensive examination of violations against humanity perpetuated by the terrorist group in the Northeastern and a few other parts of the country since 2009.
Describing the violent actions of the sect as ‘heinous crimes’ and a clear violation of Article 7 of the Rome Statute of the International Criminal Court, HEDA further called on the court to investigate and prosecute any international crime that may have been committed by the Boko Haram terrorist group and their sponsors, under the Rome Statute.
“This is in line with your office’s promise in a statement issued in response to the criminal abduction of 279 school children of Chibok community in Borno State,” it said, referring to a statement credited to the prosecutor of the court, made in April 2014; in response to the abduction of 276 schoolgirls in Nigeria by the Boko Haram terrorists and highlighted as follows:
“I am deeply troubled and alarmed by disturbing reports of alleged abduction of over 200 schoolgirls in Borno State, Nigeria, and the most recent reports that more schoolgirls have been abducted this week. Such acts shock the conscience of humanity and could constitute crimes that fall within the jurisdiction of the International Criminal Court (ICC).
“The situation in Nigeria has been under preliminary examination by the Office of the Prosecutor of the ICC since 2010. In August 2013, the Office issued a report concluding that [there is a reasonable basis to believe that] Boko Haram has been committing crimes against humanity of murder and persecution since July 2009. Information gathered by the Office indicates that there has been a sharp increase in the frequency and intensity of attacks attributed to Boko Haram since January 2014, including a significant increase in alleged abductions of women and girls and of sexual slavery. Some of Boko Haram’s alleged crimes would also amount to war crimes, as the Prosecutor has recently concluded that the situation constitutes a non-international armed conflict.”
“As Nigeria is a State Party to the Rome Statute, the ICC has jurisdiction over war crimes, crimes against humanity and genocide committed on the territory of Nigeria or by its nationals from 1 July 2002 onwards. Having concluded that some of the alleged crimes committed in the Nigeria situation fall within the subject-matter jurisdiction of the ICC, the Office of the Prosecutor is currently assessing relevant national proceedings in conformity with the principle of complementarity. Under the Rome Statute, the Nigerian authorities have primary responsibility to investigate and prosecute the alleged crimes. Such cases may become admissible before the ICC if there are no relevant investigations or prosecutions in Nigeria, or if the national authorities are unwilling or unable to carry out genuine investigations or prosecutions.”
The Letter went on to acquaint the ICC with the current situation in the country with regards to the insurgence, highlighting also, the recent involvement of an international Negotiator, Rev. Stephen Davis, to dialogue with the sect to secure the release of the abducted Chibok girls.
“In an interesting turn of event,” it said, “Rev. Davis named the country’s former Chief of Army Staff, Lt. General Azubuike Ihejirika, and former Governor of Borno State, Senator Ali-Modu Sheriff, as sponsors of the terrorist group. The negotiator, obviously out of frustration from the failure of government to act on his discoveries in the course of negotiation and recommendations for action, spoke to the media, specifically indicting some high-ranking security and government officials as sponsors of the terrorists. The spread, daring nature and unchecked ferocity of the Boko Haram group supports the revelation of Stephen Davis, with respect to the involvement of security and government officials in the sponsorship of the terrorists.
“With your public admittance of Boko Haram’s activities as qualifying for crimes against humanity, we shall not bother with further legal points to qualify these atrocities under the Rome Statute… It is said that an injustice anywhere is a threat to justice everywhere.” HEDA noted.
It also asserted in the said letter that the Nigerian government, under the current leadership lacked the political will and judicial independence to prosecute the individuals who are friends and former subordinates of the President; expressing concerns that the failure of the ICC to halt the affront and murderous campaigns of the Boko Haram sect, will see more Nigerians and citizens of neighbouring countries becoming potential victims of their dastardly acts.
“We urge the ICC to urgently open immediate examination of this development by inviting Rev. Stephen Davis to provide insight into his revelations, to assist the court in its investigation and possible prosecution of those connected with the crimes,” it said.
HEDA is a Non-Governmental Organisation whose mandate is said to promote, protect and defend universally recognised human rights and environmental justice in Nigeria and Africa, in accordance with international standards. The organisation currently has Special Observer Status with the UN ECOSOC.
Theodora Kio-Lawson