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ICC indicts Boko Haram, Nigeria Army of abuses

 

In series of allegations of abuses in Nigeria, Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, has formally released a preliminary investigation into situation, indicting both Boko Haram terrorist and the army. 

Bensouda said on December 12, 2020 that the preliminary examination of the situation in Nigeria had been concluded with results showing a reasonable basis to believe that Boko Haram and its splinter groups have committed crimes against humanity.

"Boko Haram committed war crimes, murder, rape, sexual slavery, including forced pregnancy and forced marriage; enslavement; torture; cruel treatment; and outrages upon personal dignity," ICC said.

The terrorist group, ICC reported, were into taking of hostages and intentionally directing attacks against the civilian population or against individual civilians not taking direct part in hostilities.

ICC further indicted the group of intentionally direct attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance and also intentionally directing attacks against buildings dedicated to education and to places of worship and similar institutions. 

Boko Haram, the ICC prosecutor said, were involved in conscripting and enlisting children under the age of 15 years into armed groups and using them to participate actively in hostilities; persecution on gender and religious grounds; and other inhumane acts. 

Since the insurgency spurred by Boko Haram in 2009, more than 35,000 people including children and elderly have been killed, a lots of infrastructure destroyed, and people displaced from their homes in Yobe, Adamawa and Borno states as epicentres of the insurgency. 

Amnesty International also recently reported that more than 10,000 people have also died in military detention camps may have been a basis for ICC’s indictment of the Nigerian Army. 

In its report, ICC said that a vast majority of criminality within the situation is attributable to non-state actors, with "reasonable basis to believe that members of the Nigerian Security Forces’’ have committed similar offences. 

Unlawful imprisonment

ICC also indicted Nigerian security forces of committing crimes against humanity and war crimes such as murder, rape, torture, and cruel treatment. 

ICC also believes the military "enforced disappearance; forcible transfer of population; outrages upon personal dignity; intentionally directing attacks against the civilian population as such and against individual civilians not taking direct part in hostilities."

It also accused the military of unlawful imprisonment; conscripting and enlisting children under the age of 15 years into armed forces and using them to participate actively in hostilities; persecution on gender and political grounds; and other inhumane acts. 

These allegations, dated as far back as 2010, Bensouda said are also sufficiently grave to warrant investigation both in quantitative and qualitative terms.  

"My office will provide further details in our forthcoming annual Report on Preliminary Examination Activities. The duration of the preliminary examination, open since 2010, was due to the priority given by my office in supporting the Nigerian authorities in investigating and prosecuting these crimes domestically," Bensouda said.

ICC, she explained, had engaged in multiple missions to Nigeria to support national efforts, shared assessments, and invited the authorities to act.

"We have seen some efforts made by the prosecuting authorities in Nigeria to hold members of Boko Haram to account in recent years, primarily against low-level captured fighters for membership in a terrorist organisation.

"The military authorities have also informed me that they have examined, and dismissed, allegations against their own troops. 

"Moving forward, the next step will be to request authorisation from the Judges of the Pre-Trial Chamber of the Court to open investigations.  

"As we move towards the next steps concerning the situation in Nigeria, I count on the full support of the Nigerian authorities,’’ she said. 

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