Nigerian govt protests ICC’s probe of military

The Nigerian government has protested what it terms the prolonged investigation of the Nigerian military over alleged impunity and torture of detainees which has lasted for over 14 years.

In a petition to the International Criminal Court in The Hague, Netherlands, Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), asked the Office of the Prosecutor at the ICC to stop further probe of the country’s military since Nigeria has demonstrated the will to promote justice and end terrorism among other global crimes.

In a statement made available to the media in Abuja on Monday by the Special Adviser to the President on Communication and Publicity, Office of the AGF, Kamarudeen Ogundele, the AGF, while making a remark at the 23rd session of the Assembly of States Parties to the Rome Statute of the ICC in Hague, expressed the country’s commitment to confronting impunity, holding perpetrators of heinous crimes accountable, and restoring justice for victims.

He noted further that preliminary examination into alleged crimes in Nigeria had lasted 14 years and was demoralising to the service men who lay their lives to defend their country against terrorists.

“While we respect the court’s mandate to intervene when states are unable or unwilling to prosecute such crimes, it is important to emphasise that there must be respect and regard to the principle of complementarity,” Fagbemi said.

“The ICC is meant to act as a court of last resort, intervening only when national legal systems are unable or unwilling to address grave crimes. I must assert that Nigeria does not fall under any such situation.

“Our nation has consistently demonstrated both the will and the capacity to investigate and prosecute serious crimes, including those committed by Boko Haram and other terrorist groups.

“We are proud of the Nigerian military, which has systems and structures in place to ensure their operations are guided by international humanitarian law and human rights principles.”

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The minister emphasised that Nigeria is a responsible state party to the Rome Statute, and has consistently engaged with the Office of the Prosecutor and demonstrated its military’s adherence to international humanitarian law and ensuring accountability for any personnel found guilty of misconduct.

“At the 22nd Session of this Assembly, Nigeria reported the establishment of an independent Special Investigative Panel by the National Human Rights Commission to address allegations against the Nigerian military made by Reuters.

“After thorough investigations spanning eight months, the panel found no evidence to substantiate these claims. The allegations of killings, torture, and the recruitment of underage fighters have been proven to be false and exaggerated.

“Indeed, the work of the panel and acceptance of its recommendations by the government clearly indicates that Nigeria has the political will to investigate allegations of heinous crimes and hold violators accountable.

“The conduct of military operations during conflict is regulated by international humanitarian law, and we can assure this Assembly that the Nigerian military does not engage in arbitrary killings or inhumane treatment of those no longer directly participating in hostilities. Our military ensures that captured combatants are treated with dignity and respect.

“While inadvertent mistakes or errors of judgment may occur in the chaos of conflict, these are promptly investigated by impartial commissions and panels. I wish to state that Nigeria has a well-established and functional court martial system for holding erring officers accountable. We also employ restorative justice measures, including compensation, when appropriate.

“In addition, Nigeria’s six-month Demobilization, Deradicalization, and Reintegration programme has successfully reintegrated 4,000 former Boko Haram combatants into society.

“We continue to prioritise the training and re-training of our armed forces, ensuring that human rights and international humanitarian law remain at the forefront of our military operations, with a focus on the protection of civilian protection,” he added.

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