The International Criminal Court’s (ICC) Pre-Trial Chamber I has dismissed a request by Amnesty International seeking to compel the Office of the Prosecutor to open a formal investigation into the situation in Nigeria, citing a lack of jurisdiction and procedural limitations.
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In a majority decision issued Monday, Judges Iulia Antoanella Motoc and Reine Adélaïde Sophie Alapini-Gansou ruled that the Court lacked the authority to order the Prosecutor to request authorisation for an investigation, as demanded under Article 15(3) of the Rome Statute. Judge María del Socorro Flores Liera issued a dissenting opinion, stating she would have granted Amnesty’s request.
The request—formally filed on December 3, 2024—argued that the ICC Prosecutor had already concluded in 2020 that there was a reasonable basis to proceed with an investigation into alleged crimes in Nigeria. Amnesty claimed the Prosecutor was legally obligated to follow through by seeking authorisation from the Court, citing victims’ rights to information and progress in proceedings.
However, the Prosecutor’s office, in its response filed December 13, 2024, maintained that judicial proceedings under Article 15 could only be initiated at the discretion of the Prosecutor and that no such determination had yet been made.
The majority of the Chamber agreed, stating that “although it is not clear when the Prosecution will request authorisation… the Chamber does not have the power, at present, to make a finding on the Prosecution’s obligation under article 15(3) of the Statute.” They added that the request fell outside the Court’s jurisdiction, especially as the matter had not yet reached the investigation phase.
The ruling also denied Amnesty’s subsequent request for leave to reply to the Prosecutor’s response, affirming that no further judicial action could be taken at this stage.
Amnesty International had submitted the request amid growing frustration over delays in ICC proceedings on Nigeria, where human rights groups have documented alleged crimes against humanity, including by state actors and insurgent groups.
The Office of the Prosecutor has defended its approach, citing ongoing cooperation with Nigerian authorities in line with the principle of complementarity. In recent years, it has engaged in further evidence review and domestic accountability support, including a high-level visit by Deputy Prosecutors in 2024.
ICCJudge Flores Liera’s dissent emphasized victims’ rights and expressed concern that continued delays risk undermining justice and transparency for affected communities.
The Registry has been instructed to notify Amnesty International of the decision.
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