The Nation Newspaper

Tag: ICC

  • Ending terrorism in Nigeria and the task before the ICC

    Nigeria has been down the rough road in the past ten years; It has seen the worst of conflicts, especially in the North-eastern region. Insecurity has been a significant dare to the Nigerian government in recent times. The actions and activities of the Islamic sect known as Boko Haram has led to enormous loss of lives and properties in the country. Some of these activities include intimidation, bombings, suicide attacks, sporadic shooting of unarmed, blameless and innocent Nigerian citizens, burning of police stations and churches, kidnapping, raping of school girls and women. Nigeria has also been, in recent times, included amongst the terrorist countries of the world. This is worrisome.

    The activities of Boko Haram and other armed groups such as Independent People of Biafra (IPOB) and the Niger Delta Avengers have greatly affected the economy and the people and this is of great concern to the government of Nigeria as well as the international community. I will say holistically, that the efforts of the Nigerian government so far have been quite commendable. However, more is still required, even from the international community and other such agencies like the International Criminal Court.
    To get the import or the gravity of the situation at hand, it would suffice to highlight some of the facts on the atrocities of the armed groups in Nigeria and how they have led to the death of innocent people. According to the National Human Rights Commission (NHRC), with about one million people displaced9 from their homes, Nigeria has the third highest number of Internally Displaced Persons (IDPs), in the world, coming behind war-torn Syria and Iraq. He quoted the Internal Displacement Monitoring Centre (IDMC) Global Overview of 2014, which said that “Boko Haram’s ruthless campaign to establish an independent Islamic state in North-eastern Nigeria also drove new significant displacements.”
    The report said, “Never in 9the last ten years of IDMC’s global reporting, from the peak of the Darfur crisis in 2004, have we reported such a high estimate for the number of people newly displaced in a year. Today, there are almost twice as many IDPs as there are refugees worldwide.”
    In my opinion, the time to act is now. The relevant international agencies should come to the rescue of Nigeria. Top amongst these organizations is the International Criminal Court (ICC). And you might want to ask what the ICC is. The ICC is an independent judicial institution with the mandate to investigate and prosecute the most serious crimes under international law – genocide, crimes against humanity and war crimes – when national jurisdictions are unable or unwilling to do so. As a permanent court of last resort, the ICC plays a crucial role to end impunity for the perpetrators of these atrocious crimes, ensure justice to victims and contribute to the prevention of such crimes.
    The ICC was created by a multilateral treaty, the Rome Statute, in 1998. Today, the Rome Statute has 124 States Parties, including 8 Member State of the Pacific Islands Forum. Nigeria deposited its instrument of ratification of the Rome Statute on 27 September 2001. The ICC may, therefore, exercise its jurisdiction over Rome Statute crimes committed on the territory of Nigeria or by its nationals, from 1 July 2002 onwards.
    As a flashback, sometime in 2013, the Prosecutor of the International Criminal Court (ICC) on Monday reported that, there was a reason to believe that crimes against humanity have been committed in Nigeria by Boko Haram. A report issued by the office of ICC Prosecutor Fatou Bensouda identified the atrocities committed by the group as murder and persecution. It found that the group had, since July 2009, “launched widespread and systematic attacks that have resulted in the killing of more than 1,200 Christians and Muslim civilians in different locations throughout Nigeria.”

    The scale and intensity of the attacks have increased over time, according to the report I had, based on preliminary information through December 2012. And true to it, the casualties of the deadly attacks increased until the advent of the current administration.
    The threats posed by armed groups in Nigeria are undermining the existence of Nigeria as one political territory. It needs to be sufficiently stated, that Boko Haram and other militant groups in Nigeria have maimed and destroyed. They have committed mass murder; they have infringed on people’s right to a peaceful life and destroyed their human rights in every possible manner. The United Nations along with other international rights groups have demonstrated that the respect for human rights and protection of civilians is the most important thing for any country. The United Nations also now, wonders why organizations like the International Criminal Court (ICC) have kept mum.
    It is instructive to state that the ICC needs to consider the petitions of agencies and organizations against the act of Boko Haram, IPOB, and IMN along with ascertaining the number of civilians affected by the military intervention. As stated earlier, they have been known to mete out indiscriminate torture and have carried out horrifying executions. Boko Haram is enlisting young men and women into its violent doctrines at very high speed. Behavioral scientists have found out that instead of delivering justice, revenge often creates only a cycle of retaliation, in part because one person’s moral balance rarely aligns with that of another.
    According to a report published by one of Nigeria’s popular news medium, TheCable, it stated that a total number of 4,780 people got killed in 2015 alone. The number of casualties is depressing. Other news mediums in Nigeria have also questioned the lack of support for Nigeria in ending terrorism in Nigeria. We are all aware of the external support these that groups have received and are still receiving. The pertinent question is who are the people/countries supplying these arms and ammunitions, including military hardware. They are not faceless – they are not ghosts, they are human beings and organizations and nations.
    As simple as it sounds, if Nigeria is unsettled, sub-Saharan Africa will remain unstable. If acts of terrorism are not abated, we might be dealing with a more significant problem in the future, humanitarian crisis that the world might not be able to handle.

    What are my suggestions?
    Acts of genocide should be treated as one. And perpetrators brought to book. The Rwandan genocide of 1994 is still fresh in our minds. The time for the ICC to act is now. The sponsors of these heinous crimes must be made to face the law for their atrocities. The case of Nigeria is peculiar because of its heterogeneous composition.
    The ICC cannot feign ignorance on these crimes. Boko Haram insurgency has taken its toll on Nigeria as a nation. The effect was much; there is a high number of victims, mostly civilians. Some were killed, others displaced, while women and children were raped and forced to marry against their will. There was also the wanton destruction of property and pillage. There is no doubt that with all these atrocities committed by Boko Haram, the only thing that can justify resort to force by an armed group as rightly pointed out, is the legitimacy of their goals, the decency of their means and their ability to respect IHL of which I can unequivocally state are lacking in the case of Boko Haram and other armed groups in Nigeria and their sponsors. History is waiting to judge us. It’s high time the ICC began to take a different approach to sanction criminal elements, who take humanity for granted.

    Johnson is a human rights lawyer working across Africa to achieve peace for humanity.

  • Saraki, Ekweremadu congratulate Eboe-Osuji on election as ICC president

    Senate President Bukola Saraki on Monday congratulated Mr. Chile Eboe-Osuji, a Nigerian judge, on his election as the president of the International Criminal Court (ICC).

    This is the first time a Nigerian would be elected president of ICC.

    Saraki, in a statement issued by his Special Adviser on Media and Publicity, Mr. Yusuph Olaniyonu, in Abuja on Monday described the appointment of Eboe-Osuji as a development positive for Nigeria.

    He noted that the emergence of Eboe-Osuji during the 10th session of the Assembly of State Parties of the ICC, at the United Nations Headquarters in New York, was a testimony that Nigeria and Nigerians had what it takes to continue to provide leadership at both local and global arena.

    While wishing the eminent jurist a successful tenure, Saraki said he was sure that the judge would work to justify the confidence reposed in him by his colleagues who voted to elevate him to the position.

    “No doubt, the Presidency of the ICC represents a huge responsibility. It is my hope that Eboe-Osuji will help lead the Court to new levels of successes in the next three years,” Saraki said.

    Similarly, the Deputy Senate President, Ike Ekweremadu said the election of Eboe-Osuji as the president of the ICC was an honour for Nigeria and the entire Africa.

    Ekweremadu, in a Statement by his Special Adviser (Media), Mr. Uche Anichukwu, said Eboe-Osuji’s emergence as president of the Court did not come as a surprise, given the jurist’s pedigree and wealth of experience.

    I congratulate you most warmly on this well- deserved honour done to you and indeed Nigeria and Africa as a “whole.”

    “Your emergence is indeed a boost to the determination of the ICC and the global community to end genocides, war crimes, crimes against humanity, and aggression as well as help the victims to find justice.

    “You were well prepared for the elevation and onerous task by your sound education and experience.

    “You distinguished yourself both as a prosecution counsel at the International Criminal Tribunal for Rwanda and also as a senior legal officer to the Tribunal’s judges.

    “You also excelled in your service at the Special Court for Sierra Leone, Legal Advisor to the UN High Commissioner for Human Rights in addition to the high profile cases you have been involved with since assuming office as a judge of the Court in 2012,” Ekweremadu added.

    NAN

  • ‎ICC: Human rights group faults timing of request on  Nigerian Government

    A human rights  group in Nigeria, the Save Humanity Advocacy Centre has faulted the timing of a request  from the International Criminal Court, requesting explanations from the Federal Government of Nigeria on  clashes between the military and some known terrorists groups in the country  as ill-timed, suspicious and deliberate attempt by moles at large to allow Boko Haram a breathing space in Nigeria.

    Addressing a press conference in Abuja on Wednesday, SHAC’s Executive Director, Investigation and Public Communication, Mr Lawrence Audu said it is suspicious that the publication of the interim findings by the Office of the Prosecutor at the ICC were strategically timed to coincide with the time when the military is closing in on the final end to Boko Haram.

    Mr Audu raised concern that cases of other criminal activities escaping appropriate security responses are on the increase because security operatives are being blackmailed with reports such as that of the ICC.

    He said the ICC has not taken into consideration the safety of the wider Nigerian population and the threats posed by the IMN and IPoB while making its demand.

    He therefore urged the Nigerian Attorney General to immediately marshal the necessary arguments, based on international instruments, on why the ICC should not constitute itself into extremist and terrorist promoting entity in Nigeria.

    He said it is even more surprising nothing in the preliminary investigation highlighted the crimes committed by IMN and IPoB was mentioned, despite  how they continued to dare the Nigerian state by threatening and hurting other citizens, whether physically, economically or psychologically.

    Mr Audu said Nigerians are worried that the kind of impunity on the part of those cashing in on the ICC’s backing has restrained security agencies to a point where they are unable to robustly end the menace of rampaging killers operating as herdsmen.

    He said, “This is why we hold that publication of the interim findings by the Office of the Prosecutor were strategically timed to coincide with the time when the military and security agencies are making progress in the counter-insurgency war.

    “The threat of ICC is consequently planned to instill fear in soldiers so that Boko Haram can use the period of distraction to regroup – this strategy has been repeated countless times using international NGOs. It is either that this is meant to blackmail Nigeria into growing soft with terrorists and extremists or that it meant to revive the contained extremist and terrorist groups by using the interim findings to confer quasi-legitimacy on them.”

    He said Nigerians are also worried that the Office of the Prosecutor could have relied on the opinion of compromised entities that gathered information based on their selfish interest and agenda to make Nigeria into a war zone.
    He said further, “The concern here is why other countries are allowed to deal with their existential threats while Nigeria is expected to allow such threats fester because there are some entities that place the rights of criminals above those of their victims.

    “We have asked in the past: do the victims not have rights too? Do the security personnel, attacked and killed by these terrorists, not entitled to human rights too? What stood terrorists above everyday citizens that they get ICC protection while their victims are left helpless?”

    He therefore urged the Office of the Prosecutor to discard it’s interim findings in the interest of world peace, stressing that  the Office should jettison it and gather facts afresh – facts that are not tainted by crisis contractors that plant reports to immorally indict authorities.

  • President al-Bashir defies ICC arrest warrant by visiting Uganda

    President al-Bashir defies ICC arrest warrant by visiting Uganda

    President Omar al-Bashir of Sudan arrived for a three-day visit in Uganda on Monday, defying an International Criminal Court (ICC) arrest warrant against him.

    The ICC issued arrest warrants for al-Bashir in 2009 and 2010 on charges of war crimes, genocide and crimes against humanity in the Sudanese region of Darfur.

    Uganda is not planning to arrest him, in spite being a signatory to the Rome Statute that established the ICC, Ugandan President Yoweri Museveni’s press secretary Don Wannyama said.

    “Uganda’s position is that the arrest warrant is uncalled for, which is the position of the African Union,” said Wannyama.

    “Our position is that Africa can solve its own problems.’’

    Al-Bashir and Museveni were meeting to hold bilateral talks on the issues of trade, regional security and migration, according to the press secretary.

    It is al-Bashir’s second visit to the East African nation since the warrants were issued.

    In May 2016, the Sudanese leader attended a re-election ceremony held for Museveni.

    Other African nations, including South Africa, have ignored the ICC’s demands to detain al-Bashir.

    In July, the ICC ruled that South Africa violated its rules when failing to arrest al-Bashir during his visit to Johannesburg in 2015.

    The court did not, however, refer the case to the UN Security Council, saying that would not foster cooperation with South Africa.

  • Mambilla Killings: Rights group drags Taraba Governor, Ishaku, Speaker to ICC

    The International Criminal Court (ICC), has been asked to investigate Taraba state governor, Architect Darius Ishaku over the incessant killing in the state.

    ‎
    According to a criminal complaint petition written against the governor to the ‎ Office of Madame Fatou Bensouda, t‎he Prosecutor, International Criminal Court (ICC), in Hague, Netherlands, the governor and some other top government officials in the state were accused of not doing enough to halt the killings.
    ‎
    In the petition, written by a civil society organization,  ‎Save Humanity Advocacy Centre (SHAC), through its attorney, ‎‎Alexandra Thome, the CSO also joined the‎ Speaker of Taraba State House of Assembly, Mr. Abel Diah and Chairman of Sardauna Local Government Area, Mr. John Yep, as co-accused persons.
    ‎
    In the petition, the ICC Prosecutor was asked to obtain International Arrest Warrants for the accused persons from the ICC in accordance with Articles 58 (1) (a), 58 (1) (b) (i), 58 (1) (b) (ii) and 58 (1) (b) (iii) and proceed to arrest the Accused Persons so they can face their trial and also‎ compels them  upon conviction to pay compensation to the victims of genocide at Mambilla Plateau in the sum of $1,000,000,000 as punitive damages.
    ‎
    The petition was written following a bloody clash which started on 17th June, 2017 between the Nguroje community and herdsmen at the Mambilla Plateau neighbourhood in Sardauna Local Government Area of Taraba State.
    ‎
    The clash has led to the brutal slaughtering of over 300 children, pregnant women with their unborn babies and elderly persons who were too weak to escape from their assailants.

    SHAC said in the petition, ‘Also, a total of about 17, 000 cattle were killed while several houses and villages were burnt around the area. Indeed, what became most worrisome to our client in recent time is the scale, extent and manner of the carnage, as people and animals are being killed in the most barbaric nature by irate mobs claiming to be the indigenes of Mambilla Plateau.
    ‎
    “Available records show that the mobs were protesting the arrest of a suspected criminal by the police and decided to launch co-ordinated attacks on Fulani cattle breeders”.
    ‎
    SHAC also said, “Notwithstanding the foregoing, it is obvious that crimes against humanity have been committed on the territory of Nigeria, thereby clothing the ICC with unfettered jurisdiction to investigate, arrest and try the persons involved in the attacks alongside Taraba State Government in accordance with Section 12 and 13 of the Rome Statute.
    ‎
    “It is rather disheartening to note that Nigeria is still battling with corruption in the judiciary after over 56 years of independence, thereby giving opportunity to certain powerful but unscrupulous elements to keep getting away with evil machinations against humanity. There is no gainsaying the fact that Nigerian judiciary is incapable of providing the needed solution to the raging crisis at Mambilla Plateau at the moment.
    ‎
    “To that extent, the solution lies with the ICC being the last hope of the common man to swiftly swing into action by offering an arena for investigation and hearing for the sake of justice, equity and fair play. We take solace in Article 15 (3) of the Rome Statute which qualifies this Criminal Complaint by itself as constituting “a reasonable basis to proceed with an investigation” and mete out appropriate sanctions based on the prima facie cases of genocide, aiding and abetting illicit killings at Mambilla Plateau already established herein”

  • Zambia to remain in ICC

    Zambia will not leave the International Criminal Court (ICC), a senior Zambian official said on Friday, citing the will of the majority of citizens.

    Minister of Justice, Given Lubinda, said the country would not pull out of the ICC after public hearings were conducted.

    “This is the position we are going to present to the African Union,” he said in a ministerial statement presented in parliament.

    He said over 90 per cent of the 3,489 submissions made in 30 districts across the country were against pulling out of the international court.

    The minister said stakeholders stated in their submissions that the country needed to make its own decision as a sovereign state and not be forced by other countries.

    The government conducted public hearings between March 27 and April 20 to get views from citizens on whether the country should remain or leave the ICC.

    The AU, at its 28th Summit in January, resolved a non-binding recommendation to pull out of the ICC after alleging that the court was only targeting African leaders.

    NAN

     

     

  • ICC prosecutor calls for Saif Gaddafi’s arrest

    ICC prosecutor calls for Saif Gaddafi’s arrest

    The prosecutor of the International Criminal Court (ICC) on Wednesday called for the arrest and surrender of late Muammar Gaddafi’s son, Saif.

    Reuters reported that Saif has been accused of war crimes for allegedly suppressing opposition to his late father’s rule in Libya.

    Saif’s lawyer said on Sunday his client had been released from prison in the eastern Libyan town of Zintan, where he had been held since 2011, under an amnesty law passed by parliament.

    ICC prosecutor, Fatou Bensouda, in a statement called on Libya and other states to arrest the ex- Libya leader’s son.

    Saif, 44, is the most prominent of Gaddafi’s children, and was touted by some as a reformist successor before the 2011 uprising in which Gaddafi was toppled and killed.

  • South Africa to appear at ICC over al- Bashir

    South African authorities have been asked to appear at the International Criminal Court (ICC) on April 7 over the failure to arrest Sudanese President Omar Hassan al-Bashir during a visit two years ago, a senior official said on Wednesday.

    Ayesha Johaar, the acting chief state law adviser, said Pretoria was asked to appear at the Hague-based court for failing to comply with a cooperation request from the tribunal, contrary to the provisions of the treaty establishing the court and which came into force in 2002.

    “It concerns an order of non-compliance by South Africa as a member state of the ICC and Sudan’s president,” she said.

    Reuters reported that Pretoria announced its intention to leave the ICC in 2015 after the tribunal criticized it for disregarding an order to arrest Al-Bashir, who is accused of genocide and war crimes.

    Bashir has denied the accusations.

    South Africa’s High Court last month blocked the government’s attempt to withdraw from the ICC.

    But Justice Minister Michael Masutha said the government would press ahead with withdrawing from the Hague-based tribunal, noting that the ruling was based largely on procedure – that the decision to pull out did not pass first through parliament.

    To comply with part of the court order, Pretoria has formally revoked its withdrawal from the ICC.

  • Nigeria to ‘remain with’ ICC

    The Ministry of Foreign Affairs has restated the Federal Government’s resolve to remain with the International Criminal Court (ICC).

    The News Agency of Nigeria (NAN) reports that the spokesman of the ministry, Dr. Clement Aduku, clarified the Federal Government’s position on the matter in Abuja, Wednesday.

    Aduku said Nigeria’s stand on the issue as explained by the Foreign Affairs Minister, Geoffrey Onyeama, had not changed.

    The African Union had during the body’s 28th Summit held in Addis Ababa, Ethiopia, last month called for collective withdrawal of its members from the court.

    The summit argued that African countries were not fairly treated by the court hence members should withdraw.

    Onyeama had explained that there was a strategy adopted by AU for collective withdrawal from the ICC to which Nigeria did not subscribe to.

    The minister said when the issue came up during a meeting, several countries kicked against withdrawal from the ICC.

    According to him, Nigeria and others believe that the court has an important role to play in holding leaders accountable, hence Nigeria fully stands by it.

    “Nigeria is not the only voice agitating against the move to withdraw from the ICC, in fact, Senegal is speaking very strongly against it. Cape Verde and other countries are also against it.

    “What AU did was to set up a committee to elaborate a strategy for collective withdrawal.

    “After, Senegal took the floor, Nigeria took the floor, Cape Verde and some other countries made it clear that they were not going to subscribe to that decision,” Onyeama said.

     

  • N2.2b ‘fraud’: Ex-ICC man to try Supreme Court chiefs

    N2.2b ‘fraud’: Ex-ICC man to try Supreme Court chiefs

    The Federal Government has hired a former International Criminal Court (ICC) prosecutor, Charles Adeogun-Philips, to lead its team of lawyers to prosecute the Supreme Court Registrar and others for alleged N2.2b fraud.

    But the arraignment of the three senior officials of the apex court was put off yesterday by Justice Abba Mohammed of the Federal Capital Territory (FCT) High Court in Jabi, Abuja because one of the Supreme Court officials, Muhammed Sharif, was absent.

    The Federal Government on November 3 filed a nine-count charge against Chief Registrar Ahmed Saleh, Sharif and Rilwanu Lawal (who are both officials of the court’s Account Department.)

    They are charged with conspiracy and criminal breach of trust for allegedly diverting N2.2billion belonging to the apex court and receiving gratification as public officers.

    The three officials are also accused of receiving N74.4m gratification from contractors between 2009 and 2016.

    The contractors from which they allegedly received the gratification are Willysdave Ltd., Welcon Nig. Ltd., Dean Musa Nig. Ltd., Ababia Ventures Ltd. and MBR Computers Ltd.

    On November 8, Justice Mohammed granted a request by prosecution lawyer Hajara Yusuf for time to produce the three defendants in court for arraignment, following which the court adjourned till November 17 for arraignment.

    Saleh and Lawal were in court. Sharif was absent.

    Garba Tetengi (SAN), who announced appearance for Sharif, said he was ill and was on admission at the hospital. He sought an adjournment, which other defence lawyers – Abdulhakeem Mustapha – SAN – (for Saleh) and I.K Sanusi – SAN (for Lawal) did not object.

    The Director of Public Prosecutions of the Federation (DPPF), Mohammed Umar, who led the prosecution team, later yielded proceedings to Adeogun-Philips, who spoke for the prosecution.

    Umar said the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), had in exercising his powers under Section 174(1) of the Constitution, elected to engage an international lawyer to conduct prosecution in the case.

    Adeogun-Philips said he was unhappy that Tetengi could not provide any document to show that Sharif was on admission in the hospital.

    Justice Mohammed rescheduled the arraignment for December 15.