Propriety of Intervention of the International Criminal Court in the Boko Haram Situation in Nigeria

Izuchukwu Temilade Nwagbara Esq

The concept of international criminal law, which became prominent after the second world war with the Nuremberg trials, purports to prosecute crimes against humanity of a large and systematic scale/nature in a furious attempt to end impunity in human relations.[1] As such, the Rome Statute of the International Criminal Court (ICC)[2]—the primary treaty in international criminal law—provides that the ICC shall have jurisdiction with respect to the crime of genocide, crimes against humanity, war crimes, and the crimes of aggression.[3] In relation to the Boko Haram[4] situation in Nigeria, crimes against humanity and war crimes are the most relevant as regards the jurisdiction of the ICC.[5] Therefore, this post examines the possibility and the propriety of a prosecution of Boko Haram members in the ICC for their actions which come under the jurisdiction of the court.

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Israeli-Palestinian Conflict: Civilians And The Rome Statute

Written by Garima Tiwari

 

More than 2,000 Palestinians were killed in the 50-day conflict in July and August, about 70 percent of them civilians, according to the U.N. Seventy-one Israeli soldiers and civilians were killed in combat and in rocket and mortar strikes. [i]The chief Palestinian Authority negotiator, Saeb Erekat, claimed that 96 percent of Gazans killed in the summer’s Israel-Hamas conflict were civilians, reiterated PA President Mahmoud Abbas’s charge of Israeli “genocide,” and accused Israel of seeking to impose apartheid on the Palestinians.[ii] Continue reading

Prosecuting Gender-Based Crimes: An Interview with Dr. Hilmi M. Zawati

A conversation with: Regina Paulose

In a virtual interview, accompanying the release of Dr. Zawati’s new book, Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals by Oxford University Press (2014), we discuss the prosecution of gender based crimes in the international legal system. Dr. Zawati explains below that the lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringes the principle of “fair labelling,” lead to inconsistent verdicts and punishments, and constitutes a barrier to justice. As a result, sexual violence in wartime settings should be prosecuted separately as crimes in themselves, not as a subsection of war crimes or crimes against humanity. Continue reading

Child Soldiers in Syria

Written by Garima Tiwari

“If the men are gone, our children are present.”[i]

Syria

After the death of his mother and his father’s disappearance 5 years ago, Shaaban Abdullah Hamid, aged 12 years, spent several years in the streets or doing casual jobs at a plastic factory. An uncle of Shaaban presented the boy with a handgun and offering him a job as a soldier for the Islamist group Afhad al-Rasul. The training lasted one month, after which the boy spent the following two months sniping at people walking or driving on an Aleppo bridge. Killing a civilian brought him $2.5, and killing a government soldier, $5. Working an 8-hour shift, he killed a total of 13 civilians and 10 soldiers. His firing position stayed warm round the clock, because two other boys worked the remaining two shifts. Shaaban also executed delinquent or offending rebels several times, doing so on orders from his uncle. In the end, his father got word of him and took him to a Red Crescent refugee camp in Hama. From there, both moved to Tartus to take up farming jobs. Asked about any emotions in connection with his sniping, he said he had none. [ii]  Continue reading

A Critical Review of Security Council Resolution 1593 (2005) on Darfur

Written by: Ammar Mahmoud. Ammar Mohamed Mahmoud is a First Secretary in the Embassy of the Republic of the Sudan in Abuja, Nigeria. Prior to his current position, Mr. Mahmoud had been serving in the Department of International Law and Treaties at the Ministry of Foreign Affairs of Sudan.

As Sudan is not a party to Rome Statute[1], the Security Council used Resolution 1593, which adopted under Chapter VII of the Charter on March 31, 2005, to trigger ICC jurisdiction in Darfur stating that  Continue reading