January 30, 2010
A civil society group, the Socio-Economic Rights and Accountability Project (SERAP) has petitioned Luis Moreno Ocampo, Prosecutor of the International Criminal Court (ICC) at the Hague, The Netherlands requesting him to use his position “to investigate allegations of unlawful killing of at least 326 people and perpetration of other crimes under international law during the violence this month in Jos, Plateau State of Nigeria; and the reports that the military and police used excessive force against both Christians and Muslims in responding to the violence.”
A civil society group, the Socio-Economic Rights and Accountability Project (SERAP) has petitioned Luis Moreno Ocampo, Prosecutor of the International Criminal Court (ICC) at the Hague, The Netherlands requesting him to use his position “to investigate allegations of unlawful killing of at least 326 people and perpetration of other crimes under international law during the violence this month in Jos, Plateau State of Nigeria; and the reports that the military and police used excessive force against both Christians and Muslims in responding to the violence.”
In a petition dated 29 January, 2010 and sent to Mr Ocampo by Solicitor to SERAP, Mr Femi Falana, the group said that “Nigeria is a state party to the Rome Statute of the International Criminal Court, and deposited its instrument of ratification on 27 September 2001.”
According to Falana, “the Plateau State Police Command said that at least 326 people were killed during the violence. Tens of thousands are displaced, and denied access to humanitarian assistance and basic necessities of life such as food and medical care. Many have not been assisted to return to their homes and land, or provided with alternative accommodation.”
“The latest violation of international law in Jos is coming just after the apparently unlawful killings of more than 700 people that followed the Boko Haram crisis last year. Inter-communal, political, and sectarian violence have claimed the lives of more than 20,000 people, including women and children, during the past 10 years,” the group added.
The group also said that, “Those who are suspected to be responsible for the latest violence and previous outbreaks of deadly violence in Jos have not been arrested let alone brought to justice because the government has shown itself to be too weak to act, contrary to its international legal obligations, including under the Rome Statute of the International Criminal Court. The government usually response to outbreaks of violence in many parts of the country by setting up commissions of inquiry, but few of them have ever published their reports, and even when they have, their recommendations have rarely been acted upon or led to prosecutions.”
The group also argued that, “In effect, the government has shown itself unwilling or unable to transparently and effectively investigate and prosecute allegations of crimes under international law committed in the context of the outbreaks of violence in Nigeria, including the latest violence in Jos. This situation amounts to a denial of the victims’ access to a fair, effective and prompt system of justice. The denial of justice to the victims of violence also violates the Security Council (SC) Resolution 1325 on women, peace and security (October 2000), which emphasises the ‘responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity and war crimes.”
“We are concerned 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. The vicious cycle of violence in many parts of the country is breeding impunity of perpetrators, with the Nigerian government unwilling or unable to bring suspected perpetrators to justice. The crimes committed against the Nigerian people in Jos could amount to crimes against humanity under Article 7 of the Rome Statute of the ICC, which fall under the jurisdiction of the ICC,” the group further argued.
The group said that, “Under Article 17 of the Rome Statute, the Court is a court of last resort, expected to exercise its jurisdiction only if states themselves are unwilling or unable genuinely to investigate and prosecute international crimes. Also, 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.”
On the basis of the above, SERAP asks you to:
1. Urgently commence an investigation proprio motu on the allegations of the unlawful killing of at least 326 people and other crimes committed during the violence in Jos this month, with a view to determining whether these amount to crimes against humanity within the Court’s jurisdiction. In this respect, we also urge you to invite representatives of the Nigerian government to provide written or oral testimony at the seat of the Court, so that the Prosecutor is able to conclude on the basis of available information whether there is a reasonable basis for an investigation, and to submit a request to the Pre-Trial Chamber for authorization of an investigation.
2. Bring to justice those suspected to be responsible for crimes against humanity in Jos.
3. Urge the Nigerian government to fulfil its obligations under Article 86 of the Rome Statute to cooperate; including complying with your requests to arrest and surrender suspected perpetrators of crimes against humanity in Jos, take testimony, and provide other support to the ICC.
Signed
Adetokunbo Mumuni
Executive Director
31/1/2010
Luis Moreno Ocampo
Prosecutor, International Criminal Court
Po Box 195192500 CM, The Hague
The Netherlands
29 January 2010
Dear Mr Luis Moreno Ocampo:
Re: Request to investigate allegations of crimes against humanity committed against the Nigerian people in Jos, Plateau State of Nigeria
I am writing to you as Solicitor to the Socio-Economic Rights and Accountability Project (SERAP), and I have the instructions of my client to send this petition to you to request that you use your good offices and position to investigate allegations of the unlawful killing of at least 326 people and perpetration of other crimes under international law during the violence this month in Jos, Plateau State of Nigeria; and the reports that the military and police used excessive force against both Christians and Muslims in responding to the violence.
Nigeria is a state party to the Rome Statute of the International Criminal Court, and deposited its instrument of ratification on 27 September 2001.
SERAP is a Nigerian based human rights non-governmental organization, and whose mandates include the promotion of respect for internationally recognized human rights of Nigerians, through litigation, research and publications, advocacy and monitoring.
According to the Plateau State Police Command, at least 326 people were killed during the violence. According to the Command, “what happened in Jos was never religious but man’s inhumanity to man.”
Tens of thousands are displaced, and denied access to humanitarian assistance and basic necessities of life such as food and medical care. Many have not been assisted to return to their homes and land, or provided with alternative accommodation.
The latest violation of international law in Jos is coming just after the apparently unlawful killings of more than 700 people that followed the Boko Haram crisis last year. Inter-communal, political, and sectarian violence have claimed the lives of more than 20,000 people during the past 10 years, including sectarian clashes that left hundreds dead, respectively, in Kaduna in 2000 and 2002, Kano in 2004, and Plateau State in 2001, 2004, and 2008.
Those who are suspected to be responsible for the latest violence and previous outbreaks of deadly violence in Jos have not been arrested let alone brought to justice because the government has shown itself to be too weak to act, contrary to its international legal obligations, including under the Rome Statute of the International Criminal Court.
The government usually response to outbreaks of violence in many parts of the country by setting up commissions of inquiry, but few of them have ever published their reports, and even when they have, their recommendations have rarely been acted upon or led to prosecutions.
In effect, the government has shown itself unwilling or unable to transparently investigate and prosecute allegations of crimes under international law committed in the context of the outbreaks of violence in Nigeria, including the latest violence in Jos.
This situation amounts to a denial of the victims’ access to a fair, effective and prompt system of justice. The denial of justice to the victims of violence also violates the Security Council (SC) Resolution 1325 on women, peace and security (October 2000), which emphasises the ‘responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity and war crimes.’
We are concerned 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.
We are seriously concerned that the vicious cycle of violence in many parts of the country is breeding impunity of perpetrators, with the Nigerian government unwilling or unable to bring suspected perpetrators to justice in line with the country’s international legal obligations, including under the Rome Statute of the International Criminal Court.
We are also concerned that the crimes committed against the Nigerian people in Jos could amount to crimes against humanity, which fall under the jurisdiction of the ICC.
The Rome Statute in article 7 defines “crime against humanity” as any of the following acts when committed in a widespread or systematic attack on a civilian population: murder; extermination; enslavement; deportation or forcible transfer of population; severe deprivation of physical liberty in violation of international law; torture; rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, or any other grave sexual violence; persecution against any identifiable group on political, racial, national, ethnic, cultural, religious, gender or other grounds; enforced disappearance; apartheid; or other similar inhumane acts causing great suffering or injury.
The international community acting through the UN has denounced many harmful practices, and acted to stop them. The UN was established on such principles. Its Charter reaffirms “faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women.”
The elements that need to be established to prove a “crime against humanity “under article 7(1)(k) of the Rome Statute are that, the perpetrator inflicted great suffering or serious injury by means of an inhumane act; that the perpetrator was aware of the circumstances, and that the act was committed within a widespread or systematic attack on a civilian population; that the perpetrator knew of that link.
Under Article 17 of the Rome Statute, the Court is a court of last resort, expected to exercise its jurisdiction only if states themselves are unwilling or unable genuinely to investigate and prosecute international crimes.
Also, 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 of crimes against humanity and other crimes committed during previous inter-communal, political, and sectarian violence, which is within the ICC’s jurisdiction.
On the basis of the above, SERAP asks you to:
1. Urgently commence an investigation proprio motu on the allegations of the unlawful killing of at least 326 people and other crimes committed during the violence in Jos this month, with a view to determining whether these amount to crimes against humanity within the Court’s jurisdiction. In this respect, we also urge you to invite representatives of the Nigerian government to provide written or oral testimony at the seat of the Court, so that the Prosecutor is able to conclude on the basis of available information whether there is a reasonable basis for an investigation, and to submit a request to the Pre-Trial Chamber for authorization of an investigation.
2. Bring to justice those suspected to be responsible for crimes against humanity in Jos.
3. Urge the Nigerian government to fulfil its obligations under Article 86 of the Rome Statute to cooperate; including complying with your requests to arrest and surrender suspected perpetrators of crimes against humanity in Jos, take testimony, and provide other support to the ICC.
You have shown a strong leadership in the international fight against impunity. I hope that you will continue in this direction by using your good offices to intervene and address the issues raised above.
While thanking you in advance of your attention, I look forward to continued dialogue on the issues raise in this petition.
Yours sincerely,
Femi Falana
Solicitor to SERAP
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In a petition dated 29 January, 2010 and sent to Mr Ocampo by Solicitor to SERAP, Mr Femi Falana, the group said that “Nigeria is a state party to the Rome Statute of the International Criminal Court, and deposited its instrument of ratification on 27 September 2001.”
According to Falana, “the Plateau State Police Command said that at least 326 people were killed during the violence. Tens of thousands are displaced, and denied access to humanitarian assistance and basic necessities of life such as food and medical care. Many have not been assisted to return to their homes and land, or provided with alternative accommodation.”
“The latest violation of international law in Jos is coming just after the apparently unlawful killings of more than 700 people that followed the Boko Haram crisis last year. Inter-communal, political, and sectarian violence have claimed the lives of more than 20,000 people, including women and children, during the past 10 years,” the group added.
The group also said that, “Those who are suspected to be responsible for the latest violence and previous outbreaks of deadly violence in Jos have not been arrested let alone brought to justice because the government has shown itself to be too weak to act, contrary to its international legal obligations, including under the Rome Statute of the International Criminal Court. The government usually response to outbreaks of violence in many parts of the country by setting up commissions of inquiry, but few of them have ever published their reports, and even when they have, their recommendations have rarely been acted upon or led to prosecutions.”
The group also argued that, “In effect, the government has shown itself unwilling or unable to transparently and effectively investigate and prosecute allegations of crimes under international law committed in the context of the outbreaks of violence in Nigeria, including the latest violence in Jos. This situation amounts to a denial of the victims’ access to a fair, effective and prompt system of justice. The denial of justice to the victims of violence also violates the Security Council (SC) Resolution 1325 on women, peace and security (October 2000), which emphasises the ‘responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity and war crimes.”
“We are concerned 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. The vicious cycle of violence in many parts of the country is breeding impunity of perpetrators, with the Nigerian government unwilling or unable to bring suspected perpetrators to justice. The crimes committed against the Nigerian people in Jos could amount to crimes against humanity under Article 7 of the Rome Statute of the ICC, which fall under the jurisdiction of the ICC,” the group further argued.
The group said that, “Under Article 17 of the Rome Statute, the Court is a court of last resort, expected to exercise its jurisdiction only if states themselves are unwilling or unable genuinely to investigate and prosecute international crimes. Also, 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.”
On the basis of the above, SERAP asks you to:
1. Urgently commence an investigation proprio motu on the allegations of the unlawful killing of at least 326 people and other crimes committed during the violence in Jos this month, with a view to determining whether these amount to crimes against humanity within the Court’s jurisdiction. In this respect, we also urge you to invite representatives of the Nigerian government to provide written or oral testimony at the seat of the Court, so that the Prosecutor is able to conclude on the basis of available information whether there is a reasonable basis for an investigation, and to submit a request to the Pre-Trial Chamber for authorization of an investigation.
2. Bring to justice those suspected to be responsible for crimes against humanity in Jos.
3. Urge the Nigerian government to fulfil its obligations under Article 86 of the Rome Statute to cooperate; including complying with your requests to arrest and surrender suspected perpetrators of crimes against humanity in Jos, take testimony, and provide other support to the ICC.
Signed
Adetokunbo Mumuni
Executive Director
31/1/2010
Luis Moreno Ocampo
Prosecutor, International Criminal Court
Po Box 195192500 CM, The Hague
The Netherlands
29 January 2010
Dear Mr Luis Moreno Ocampo:
Re: Request to investigate allegations of crimes against humanity committed against the Nigerian people in Jos, Plateau State of Nigeria
I am writing to you as Solicitor to the Socio-Economic Rights and Accountability Project (SERAP), and I have the instructions of my client to send this petition to you to request that you use your good offices and position to investigate allegations of the unlawful killing of at least 326 people and perpetration of other crimes under international law during the violence this month in Jos, Plateau State of Nigeria; and the reports that the military and police used excessive force against both Christians and Muslims in responding to the violence.
Nigeria is a state party to the Rome Statute of the International Criminal Court, and deposited its instrument of ratification on 27 September 2001.
SERAP is a Nigerian based human rights non-governmental organization, and whose mandates include the promotion of respect for internationally recognized human rights of Nigerians, through litigation, research and publications, advocacy and monitoring.
According to the Plateau State Police Command, at least 326 people were killed during the violence. According to the Command, “what happened in Jos was never religious but man’s inhumanity to man.”
Tens of thousands are displaced, and denied access to humanitarian assistance and basic necessities of life such as food and medical care. Many have not been assisted to return to their homes and land, or provided with alternative accommodation.
The latest violation of international law in Jos is coming just after the apparently unlawful killings of more than 700 people that followed the Boko Haram crisis last year. Inter-communal, political, and sectarian violence have claimed the lives of more than 20,000 people during the past 10 years, including sectarian clashes that left hundreds dead, respectively, in Kaduna in 2000 and 2002, Kano in 2004, and Plateau State in 2001, 2004, and 2008.
Those who are suspected to be responsible for the latest violence and previous outbreaks of deadly violence in Jos have not been arrested let alone brought to justice because the government has shown itself to be too weak to act, contrary to its international legal obligations, including under the Rome Statute of the International Criminal Court.
The government usually response to outbreaks of violence in many parts of the country by setting up commissions of inquiry, but few of them have ever published their reports, and even when they have, their recommendations have rarely been acted upon or led to prosecutions.
In effect, the government has shown itself unwilling or unable to transparently investigate and prosecute allegations of crimes under international law committed in the context of the outbreaks of violence in Nigeria, including the latest violence in Jos.
This situation amounts to a denial of the victims’ access to a fair, effective and prompt system of justice. The denial of justice to the victims of violence also violates the Security Council (SC) Resolution 1325 on women, peace and security (October 2000), which emphasises the ‘responsibility of all States to put an end to impunity and to prosecute those responsible for genocide, crimes against humanity and war crimes.’
We are concerned 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.
We are seriously concerned that the vicious cycle of violence in many parts of the country is breeding impunity of perpetrators, with the Nigerian government unwilling or unable to bring suspected perpetrators to justice in line with the country’s international legal obligations, including under the Rome Statute of the International Criminal Court.
We are also concerned that the crimes committed against the Nigerian people in Jos could amount to crimes against humanity, which fall under the jurisdiction of the ICC.
The Rome Statute in article 7 defines “crime against humanity” as any of the following acts when committed in a widespread or systematic attack on a civilian population: murder; extermination; enslavement; deportation or forcible transfer of population; severe deprivation of physical liberty in violation of international law; torture; rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, or any other grave sexual violence; persecution against any identifiable group on political, racial, national, ethnic, cultural, religious, gender or other grounds; enforced disappearance; apartheid; or other similar inhumane acts causing great suffering or injury.
The international community acting through the UN has denounced many harmful practices, and acted to stop them. The UN was established on such principles. Its Charter reaffirms “faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women.”
The elements that need to be established to prove a “crime against humanity “under article 7(1)(k) of the Rome Statute are that, the perpetrator inflicted great suffering or serious injury by means of an inhumane act; that the perpetrator was aware of the circumstances, and that the act was committed within a widespread or systematic attack on a civilian population; that the perpetrator knew of that link.
Under Article 17 of the Rome Statute, the Court is a court of last resort, expected to exercise its jurisdiction only if states themselves are unwilling or unable genuinely to investigate and prosecute international crimes.
Also, 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 of crimes against humanity and other crimes committed during previous inter-communal, political, and sectarian violence, which is within the ICC’s jurisdiction.
On the basis of the above, SERAP asks you to:
1. Urgently commence an investigation proprio motu on the allegations of the unlawful killing of at least 326 people and other crimes committed during the violence in Jos this month, with a view to determining whether these amount to crimes against humanity within the Court’s jurisdiction. In this respect, we also urge you to invite representatives of the Nigerian government to provide written or oral testimony at the seat of the Court, so that the Prosecutor is able to conclude on the basis of available information whether there is a reasonable basis for an investigation, and to submit a request to the Pre-Trial Chamber for authorization of an investigation.
2. Bring to justice those suspected to be responsible for crimes against humanity in Jos.
3. Urge the Nigerian government to fulfil its obligations under Article 86 of the Rome Statute to cooperate; including complying with your requests to arrest and surrender suspected perpetrators of crimes against humanity in Jos, take testimony, and provide other support to the ICC.
You have shown a strong leadership in the international fight against impunity. I hope that you will continue in this direction by using your good offices to intervene and address the issues raised above.
While thanking you in advance of your attention, I look forward to continued dialogue on the issues raise in this petition.
Yours sincerely,
Femi Falana
Solicitor to SERAP
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