In response to the statement of the International Criminal Court (ICC) Office of the Prosecutor (OTP) following the conclusion of an official visit to Nigeria, Isa Sanusi, Director Amnesty International Nigeria said:
"Once again, the Office of the Prosecutor demonstrates its slow abandonment of victims and survivors of the conflict in northeast Nigeria. Instead of investigating the atrocities, the Office of the Prosecutor's rare visits to Nigeria mainly consist in meeting with national authorities.
"10 years ago this month the Nigerian military slaughtered at least 640 men and boys after they fled the Giwa barracks in Maiduguri, Borno state, following a Boko Haram attack. This dreadful anniversary is now accompanied by a statement by the Office of the Prosecutor that victims must continue to wait for justice.
Once again, the Office of the Prosecutor demonstrates its slow abandonment of victims and survivors of the conflict in northeast NigeriaIsa Sanusi, Director Amnesty International Nigeria
In December 2020, the ICC Prosecutor decided that an investigation in Nigeria was warranted, on the basis that Nigerian authorities were not willing or able to genuinely investigate and prosecute the numerous crimes committed in the north-east of the country by members of Boko Haram and the Nigerian Security Forces. Despite its decision in 2020, the Office of the Prosecutor has yet to formally move to open an investigation.
"In light of its 2020 decision, yesterday's statement only further confirms the Office of the Prosecutor's disregard for its legal duty to investigate, when states do not. The statement also demonstrates the emptiness of its commitment to Nigerian victims, who - pointedly - it did not visit in the north-east."
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Background
From 19 to 22 March 2024, the Office of the Prosecutor visited Abuja, Nigeria. Following this trip, the Office published a statement which provides no update on the status of the situation before the ICC.
War crimes and crimes against humanity have been committed both by the armed group Boko Haram and the Nigerian security forces in north-east Nigeria since 2009. Amnesty International has documented many of these crimes, including the March 2014 Giwa barracks massacre.
On 11 December 2020, after 10 years of preliminary examination, (former) ICC Prosecutor closed the Nigeria preliminary examination concluding that crimes against humanity and war crimes had been committed and that the Nigerian authorities had failed to genuinely investigate and prosecute these crimes, therefore warranting a full investigation by the ICC. Since that decision, the Office of the Prosecutor has yet to request the opening of an investigation.
