Lenah
Follow us
Justice Hub
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us
No Result
View All Result
Justice Hub
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us
No Result
View All Result
Justice Hub
No Result
View All Result

None of Bensouda’s business?

February 16, 2015
in Insights
0
0
Home Insights
FacebookTwitterLinkedInWhatsappEmail

By K M

Is the ICC prosecutor acting ultra vires – beyond her legal authority – when she warns individuals and groups in Nigeria who might disrupt the elections?

The ICC prosecutor recently issued a stern warning to individuals or groups who might engage in violence around the upcoming election in Nigeria. 

She reminded Nigerians that her office is still conducting a preliminary examination which has already concluded that, since July 2002, crimes have taken place in the country which could be tried at the ICC. She then states clearly that the ICC may also look into any crimes which may be committed around the elections.

“Any person who incites or engages in acts of violence including by ordering, requesting, encouraging or contributing in any other manner to the commission of crimes within ICC’s jurisdiction is liable to prosecution either by Nigerian Courts or by ICC.”

The ICC is based on the principle of ‘complementarity’ as stated in the first article of the Rome Statute. This means the ICC only steps in when national courts are unable or unwilling to try individuals who allegedly commit genocide, war crimes or crimes against humanity.

Nigeria ratified the Rome Statute on the 27th of September 2001. Bensouda’s Preliminary Examination report from last year, with a section on Nigeria, focuses on criminal acts attributed to Boko Haram.

 

States are still and shall remain the main players on the international plane

So, from the ICC prosecutor’s point of view, it is clear not only that crimes have been committed, but that she and the ICC may also have jurisdiction.

But, in my opinion, states are still and shall remain the main players on the international plane. They are powerful sovereign players. Of course by ratifying the Rome Statute, Nigeria accepted that the ICC may exercise its own powers: the ICC would not have got this ‘power’ if Nigeria itself had not granted it to the ICC.

Nevertheless, the responsibility of maintaining peace and order within the Nigerian territorial jurisdiction is an exclusive matter of the Nigerian government and its sovereign institutions. The pact which has been signed by the Nigerian leaders promising  to refrain from violence before, during and after the general election is an internal issue and binds the parties who signed it.

It is only if the Nigerian competent national courts fail to either investigate or try allegations concerning grave crimes such as crimes against humanity or genocide, that the ICC could step in and take the lead. The central function of the ICC prosecutor is to investigate crimes under the Rome Statute.

 

Deterrence can never be achieved through politicized statements

In my view, the deterrence and the preventive measures of the ICC can never be achieved through politicized statements issued by its prosecutor. The deterrent impact of the ICC is a long substantial and procedural process which can only be achieved through the rational jurisprudence of the ICC throughout the years. The ICC is still a young institution and has huge expectations riding on its shoulders: to support the rule of law, restore national and international justice and put an end to the legacy of the atrocities of the core crimes. 

Therefore the ICC should remain independent and avoid political statements in order to be able to underpin one of its main principles of complementarity: allowing ‘national courts’ to bring perpetrators to justice and only stepping in when they fail to do so.

 

The opinions in this piece are those of the author and do not reflect the opinons of Justice Hub.

K M is an international law student. 

Tags: ICC (International Criminal Court)Justice Insights
ShareTweetShareSendSend

Justice Hub

Justice Hub is an online platform connecting conversations about international justice.

Related Posts

“The Men Who Killed Me” 2.0 project: Understanding sexual violence in conflict and empowering its survivors 
Insights

“The Men Who Killed Me” 2.0 project: Understanding sexual violence in conflict and empowering its survivors 

by Justice Hub
October 7, 2018
0
50

By Anne-Marie de Brouwer, Eefje de Volder and Milena Adamczewska Video of Conversations with survivors of the 1994 Rwandan Genocide...

Read more
Mudukuti: Too many have lost sight of the victims behind egregious crimes

Mudukuti: Too many have lost sight of the victims behind egregious crimes

September 27, 2018
59
“The dialogue on international justice needs to become more diverse and global”

“The dialogue on international justice needs to become more diverse and global”

September 27, 2018
43
Rome Statute drafter: No one at the time thought we would have a functioning ICC in only 20 years

Rome Statute drafter: No one at the time thought we would have a functioning ICC in only 20 years

September 27, 2018
47
The Venom of War in northern Uganda

The Venom of War in northern Uganda

September 16, 2018
37

Justice Hub

Justice Hub is an online platform connecting conversations about international justice.

Justice Hub

Justice Hub is an online platform aimed at a worldwide audience of 18-35 year olds, especially in countries where people are looking for sustainable and innovative solutions to problems of justice, peace and security. Justice can feel too abstract, too often owned by experts. We make the conversations lively and accessible.

Follow Us

Quick Links

  • Featured
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us
  • Contact Us
  • Privacy Policy

 

  HPPJ Forum Login
Creative Commons Licence
This work is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License.
No Result
View All Result
  • My Justice
  • News
  • Insights
  • Justice Explained
  • About Us

© 2018 Justice Hub

Login to your account below

Forgotten Password?

Fill the forms bellow to register

*By registering into our website, you agree to the Terms & Conditions and Privacy Policy.
All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Login

Lost password?
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.

REPUBLISHING TERMS

You may republish this article online or in print under our Creative Commons license. You may not edit or shorten the text, you must attribute the article to Aeon and you must include the author’s name in your republication.

If you have any questions, please email nsharafa@gmail.com

License

Creative Commons License AttributionCreative Commons Attribution
None of Bensouda’s business?