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Nigeria: ICC Urged To Probe School Children Killings As Crimes Against Humanity

The International Criminal Court at the Hague, Netherlands has been asked to “urgently probe the killings of teachers and schoolchildren in some parts of northern Nigeria as crimes against humanity, and to prevail on the Nigerian government to work to prevent further attacks against schools.”

The International Criminal Court at the Hague, Netherlands has been asked to “urgently probe the killings of teachers and schoolchildren in some parts of northern Nigeria as crimes against humanity, and to prevail on the Nigerian government to work to prevent further attacks against schools.”

The request was made by Socio-Economic Rights and Accountability Project (SERAP) in a petition dated 4 October 2013, and sent to Ms Fatou Bensouda the Prosecutor of the ICC.

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The petition signed by SERAP executive director Adetokunbo Mumuni stated in part: “SERAP is seriously concerned that these attacks against schoolchildren, apart from constituting violations of the right to life and the right to education, may amount to crimes against humanity under the Rome Stature.

“Crimes against humanity are completely outlawed and prohibited by Article 7 of the Rome Statute of the International Criminal Court which 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; persecution against any identifiable group on political, racial, national, ethnic, cultural, religious, gender or other grounds; or other similar inhumane acts causing great suffering or injury,” the organization said.

 According to the organization,the attacks against school children have destabilised access to education in Nigeria as most children no longer go to schools. The closure of schools in the Northeast parts of Nigeria where the spate of attacks on education is on the rise, is due to the fear of teachers and students being killed.”

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“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,” the organization added.

The organization also said that, “Those who are suspected to be responsible for the latest violence and previous outbreaks of deadly violence and attacks on school have not been known to be arrested and brought to justice, contrary to Nigeria’s national and international legal obligations, including under the Rome Statute of the International Criminal Court.”

“Victims of these attacks ought to have access to a fair, effective and prompt system of justice. States have the responsibility to put an end to impunity and to prosecute those responsible for crimes against humanity and other international crimes,” the organization also said.

The organization also 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.”

The organization therefore asked the ICC to:

 

  1. Urgently commence an investigation proprio motu on the reports of the unlawful killings of teachers and school children in north east states of Nigeria, particularly Borno, Yobe, Kaduna and Adamawa State.
  2. Bring to justice those suspected to be responsible for crimes against humanity in these affected areas of North eastern Nigeria. 
  3. Urge the Nigerian government to exercise due diligence to prevent any further attacks against teachers and school children
  4. 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 attacks against teachers and school children, take testimony, and provide other support to the ICC. 

 

 

 

Signed

Adetokunbo Mumuni,

SERAP Executive Director

6/10/2013

www.serap-nigeria.org

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