The Socio-Economic Rights and Accountability Project has called on President Bola Tinubu to refer the ongoing killings in Benue State to the International Criminal Court citing grave human rights violations and widespread impunity.
In a statement released on Sunday and signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation stressed that a referral to the ICC would demonstrate Tinubu’s commitment to human rights and the rule of law, and ensure that justice is served for victims of the persistent violence in the state.
“President Tinubu should urgently refer the situation in Benue State to the International Criminal Court for the court to exercise its jurisdiction over the violence, unlawful killings, and other serious violations of international humanitarian and human rights law in the state,” the statement read.
SERAP noted that a referral would activate the ICC Prosecutor’s mandate to investigate and potentially prosecute those most responsible for the atrocities, including individuals who may be immune from prosecution under Nigerian law.
“Accountability is urgently needed for these brutal mass killings, regardless of whether the perpetrators are state actors or non-state actors,” Oluwadare stated. “Your government’s referral of the situation in Benue to the ICC would send a clear message that such crimes will not go unpunished.”
The group also called for the inclusion of similar violence in other Nigerian states in any potential ICC investigation, specifically mentioning Zamfara, Kebbi, Sokoto, Plateau, Taraba, and Borno States.
SERAP warned that continued inaction would embolden attackers. “Many of those responsible for these brutal attacks have continued to evade justice. A failure to act decisively now will only empower them further,” the organisation said.
The group explained that Nigeria, as a state party to the Rome Statute, has the authority to refer cases directly to the ICC Prosecutor under Article 14 of the treaty, without needing to provide preliminary evidence or seek Pre-Trial Chamber approval.
“The process is procedurally straightforward,” SERAP said. “A referral would immediately impose a positive obligation on the ICC Prosecutor to open an investigation or determine whether there is a reasonable basis to do so.”
SERAP also argued that domestic efforts to address the violence have proven inadequate. “Given the alleged complicity of some state actors and the failure of Nigerian institutions to deliver justice, an ICC referral becomes imperative,” the group said.
Reaffirming that other African countries have taken similar steps in the past, SERAP pointed to referrals by Gabon, Mali, Uganda, the Democratic Republic of Congo, and the Central African Republic as precedents Nigeria could follow.
“Justice is not an optional extra. It is an essential condition for protecting rights,” the statement emphasized. “Referring the situation in Benue to the ICC would show your commitment to ending the bloodshed and restoring public confidence in the justice system.”
SERAP gave the president a seven-day deadline to act, warning that failure to do so could prompt other ICC member states to initiate the referral process.
“If we do not receive a response within seven days, we will consider urging other states parties to the Rome Statute to refer the situation in Benue to the ICC, following the examples set in cases such as Venezuela,” the group warned.
The statement concluded with a reminder that “the ICC is fully empowered to investigate and prosecute crimes such as war crimes, crimes against humanity, and genocide,” and that this opportunity must not be missed to secure lasting justice for victims.
