The International Criminal Court (ICC) has rejected a request by Amnesty International (AI) seeking to compel the Prosecutor to obtain authorisation to open a formal investigation into alleged crimes committed in Nigeria.

In a ruling delivered by Pre-Trial Chamber I, the court held that Amnesty International lacks the legal standing to file such a request, as there are no ongoing judicial proceedings before the ICC concerning the situation in Nigeria.

Pre-Trial Chamber I is composed of Judge Iulia Antoanella Motoc (Presiding), Judge Reine Adélaide Sophie Alapini-Gansou, and Judge Maria del Socorro Flores Liera.

The decision was made by a majority, Judges Motoc and Alapini-Gansou with Judge Flores Liera dissenting.

Amnesty had urged the court to investigate alleged crimes against humanity and war crimes committed in North-east Nigeria, where both Boko Haram and Nigerian security forces have been implicated in the prolonged conflict.

However, the Chamber reaffirmed that only States Parties or the ICC Prosecutor can request the initiation of an investigation. As a non-state actor, Amnesty International cannot initiate judicial proceedings or compel prosecutorial action before the court.

Although the ICC previously acknowledged serious concerns in Nigeria, concluding during an earlier preliminary examination that war crimes and crimes against humanity had occurred, it has not authorised a full investigation.

The court also noted that, while the Prosecutor had found that Nigerian authorities failed to conduct genuine domestic investigations, this did not give Amnesty International legal standing to act on behalf of victims in this procedural context.

Amnesty International filed the request on behalf of thousands of victims and several survivor networks in northeast Nigeria.

Despite the court’s ruling, the organisation reiterated its commitment to seeking justice and called on ICC member states to ensure the court is adequately resourced to pursue investigations where warranted. (AriseNews TV)