The Attorney-General of the Federation (AGF) and Minister of Justice in Nigeria, Lateef Fagbemi, has made a significant appeal to the International Criminal Court (ICC) in the Hague to halt its long-standing investigation into allegations concerning the Nigerian military. In a statement released in Abuja, Fagbemi articulated Nigeria’s position during the 23rd session of the Assembly of States Parties to the Rome Statute. He emphasized the nation’s commitment to promoting justice, confronting terrorism, and addressing global crimes. The AGF underlined that the lengthy investigation, which has persisted for 14 years, is demoralizing for the military personnel who risk their lives to defend the nation against terrorism.
Fagbemi asserted that while the ICC has a vital role in addressing grave crimes when national jurisdictions are unable or unwilling to do so, it must respect the principle of complementarity. He clarified that Nigeria does not fall under this category of being unable or unwilling, as the country has continuously demonstrated both the will and capacity to prosecute serious crimes committed by groups like Boko Haram. He recognized the Nigerian military’s structured systems that ensure compliance with international humanitarian laws and articulated a strong defense of the military’s operations during conflict, denying any capacity for arbitrary killings or inhumane treatment of captives.
During the previous assembly session, Nigeria had reported the establishment of an independent Special Investigative Panel by the National Human Rights Commission to investigate allegations against the military made by international media. After an expansive eight-month investigation, the panel found no evidence to support claims of killings, torture, or the recruitment of child soldiers attributed to the military. This finding, alongside the government’s acceptance of the panel’s recommendations, was highlighted as evidence of Nigeria’s commitment and political will to investigate and address allegations of serious crimes.
The AGF further emphasized that the operations of the Nigerian military are conducted under strict adherence to international humanitarian law. He acknowledged that, while errors in judgment may occur amidst the complexity of armed conflict, they are addressed through impartial investigations and the country possesses a robust court martial system for accountability. Moreover, Nigeria has implemented restorative justice measures, including appropriate compensations, illustrating the government’s commitment to accountability. He also noted a successful six-month program for the Demobilisation, Deradicalisation, and Reintegration of former Boko Haram fighters, showcasing the nation’s dedication to reintegrating individuals back into society whilst prioritizing human rights.
Fagbemi expressed concerns regarding what he perceives as a predetermined bias by the Office of the Prosecutor involved in the inquiry related to the Nigerian military. He raised alarms about the activities of certain civil society organizations that allegedly propagate unsubstantiated allegations against the military, undermining its legitimate efforts in combating terrorism. The AGF’s remarks highlight a broader concern regarding the narrative surrounding the Nigerian military’s conduct and the influence of external actors in shaping perceptions of the armed forces.
Finally, Fagbemi called upon states parties to the ICC to ratify relevant treaties, specifically the Convention on Cluster Munitions, in order to mitigate the humanitarian impact of such weapons in conflict zones. He congratulated newly-elected members of the Board of Directors of the Trust Fund for Victims, expressing confidence in their capability to ensure integrity in the Fund’s operations. The AGF concluded by reaffirming Nigeria’s commitment to supporting the ICC’s mission in combating impunity for global crimes and encouraged nations yet to adopt the Rome Statute to do so expediently. His statements reflect a firm stance from Nigeria aiming to uphold justice while reinforcing the operational integrity of the Nigerian military amid ongoing challenges in counter-terrorism efforts.
