ICC Asked to Intervene in Killings

ICC Asked to Intervene in Killings By Davidson Iriekpen, This Day 23 January 2012

As multiple bomb attacks in many parts of Nigeria continue to result in the deaths of innocent citizens, a civil society organisation, Socio-Economic Rights and Accountability Project (SERAP), has petitioned the Prosecutor of the International Criminal Court (ICC), Luis Moreno Ocampo, urging him to urgently intervene and stop massacre.

In a petition dated January 22, and signed by SERAP's lawyer, Mr. Femi Falana, the organisation requested Ocampo to use his position to investigate the complicity of some security agencies which may amount to crimes against humanity within the jurisdiction of the court.

Nigeria ratified the Rome Statute of the International Criminal Court, and deposited its instrument of ratification on September 27, 2001.

According to the organisation, while several citizens continue to be killed and injured, key suspects had reportedly escaped from police custody apparently with the complicity or negligence of some security officials thereby giving credence to allegations that some of its agencies might be supporting or sponsoring the killings and attacks.

"The government has therefore shown itself to be unwilling or unable to thoroughly investigate and bring to justice suspected perpetrators and sponsors of the unnecessary killings.

"This is a clear abdication of the international legal obligations assumed by the government under the Rome Statute of the International Criminal Court," the organisation said.

It noted that the situation amounts to a denial of the victims' access to a fair, effective and prompt system of justice.

It argued that this violates UN Security Council resolutions imposing obligations on all states to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity and war crimes.

The organization expressed concern that "a cycle of violence has had a deleterious effect on development and has been a core source of instability and insecurity in many parts of Nigeria."

According to the organisation, "pursuant to the Rome Statute, the Prosecutor has power to intervene in a situation under the jurisdiction of the Court if the Security Council or states parties refer a situation or if information is provided from other sources such as the information SERAP is providing in this case."

"SERAP believes that substantial grounds exist to warrant the intervention of the Prosecutor in this case, especially given that the Nigerian government has shown itself to be unwilling or unable to genuinely, fairly and effectively investigate or prosecute suspected perpetrators and sponsors of crimes against humanity and other crimes under international law, which are within the ICC's jurisdiction," the organisation also said.