The International Criminal Court has assigned a confidential request seeking an investigation into alleged systemic kidnappings in Nigeria as crimes against humanity to its Pre-Trial Chamber II.
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The decision, dated August 26, 2026, was issued by Judge Iulia Antoanella Motoc, acting as President of the ICC’s Pre-Trial Division.
The request is titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity.”
According to the court record, the request asks the Pre-Trial Chamber to exercise judicial oversight and authorise or review measures concerning what was described as an epidemic of systemic and large-scale kidnappings in Nigeria.
The identity of the person or organisation that submitted the request was not disclosed, while the underlying communication remains confidential.
Judge Motoc assigned the matter to Pre-Trial Chamber II pursuant to Regulation 46(3) of the Regulations of the Court.
Under the regulation, where a matter that does not relate to an existing situation already assigned to a Pre-Trial Chamber is brought before the Pre-Trial Division, its president may assign it to a chamber after determining that it falls within the chamber’s competence and is not manifestly frivolous.
The assignment does not mean that the ICC has opened an investigation into kidnappings in Nigeria or determined that the incidents constitute crimes against humanity.
The court has also not identified any suspect, issued an arrest warrant or made any finding against the Nigerian government or its officials.
Judge Motoc expressly stated that the assignment was without prejudice to whatever decision Pre-Trial Chamber II might subsequently make on the request.
The chamber is expected to examine whether the request followed the proper procedure under the Rome Statute and whether the allegations fall within the ICC’s jurisdiction.
Although kidnapping is not separately listed as a crime against humanity under Article 7 of the Rome Statute, conduct connected with abduction and prolonged captivity may, depending on the evidence, constitute imprisonment or another severe deprivation of physical liberty.
Other acts committed against abducted persons, including murder, torture, rape, sexual slavery, enforced disappearance and other inhumane acts, may also fall within the ICC’s jurisdiction.
For such conduct to qualify as a crime against humanity, it must form part of a widespread or systematic attack directed against a civilian population and be carried out pursuant to, or in furtherance of, a state or organisational policy.
The court would therefore have to determine whether the kidnappings complained of form part of a coordinated attack or are separate crimes committed by unrelated armed groups, criminal gangs or other offenders.
Nigeria has faced repeated mass abductions targeting schools, religious institutions, communities and travellers, particularly in parts of the North-West and North-Central regions.
The latest decision comes against the background of the ICC prosecutor’s earlier examination of alleged crimes committed by Boko Haram and Nigerian security forces.
In 2020, the Office of the Prosecutor concluded that the statutory criteria for opening an investigation into the situation in Nigeria had been met. However, judicial authorisation for a formal investigation was not sought.
In March 2026, the ICC prosecutor’s office signed a memorandum of understanding with Nigeria and decided to strengthen domestic accountability under the principle of complementarity, which gives national courts the primary responsibility to investigate and prosecute international crimes.
Pre-Trial Chamber II will now determine how the fresh request should be treated and whether any further judicial action is legally permissible.
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