Nigerian Military Committed to Rules of Engagement in War Against Terror – AGF Tells ICC

Nigeria has reaffirmed its unwavering commitment to combating terrorism while upholding international standards of engagement.

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, conveyed this stance on Monday during the 23rd Session of the Assembly of States Parties to the Rome Statute of the International Criminal Court in the Netherlands.

Addressing the ICC’s preliminary examination into alleged crimes in Nigeria, Fagbemi emphasized that Nigeria, as a responsible state party to the Rome Statute, has consistently cooperated with the ICC’s Office of the Prosecutor.

He highlighted the Nigerian military’s adherence to international humanitarian law and its mechanisms for holding personnel accountable for misconduct.

Fagbemi dismissed allegations of misconduct against the Nigerian military as unsubstantiated and harmful to the country’s counterterrorism efforts.

“While we respect the ICC’s mandate to intervene when states are unable or unwilling to prosecute crimes, it is crucial to uphold the principle of complementarity. The ICC is a court of last resort and should only act when national systems fail,” he said.

He maintained that Nigeria has the capacity and determination to address grave crimes, citing the prosecution of Boko Haram members and other terrorist groups as evidence.

The AGF highlighted Nigeria’s independent investigations into allegations against its military, including a probe by the National Human Rights Commission into claims made by Reuters.

“After thorough investigations lasting eight months, the Panel found no evidence to substantiate these allegations. Claims of killings, torture, and recruitment of child fighters were proven false and exaggerated,” he explained.

Fagbemi also outlined the military’s systems for accountability, including court-martial proceedings, restorative justice measures, and compensation where necessary.

He commended Nigeria’s Demobilization, Deradicalization, and Reintegration program, which has reintegrated 4,000 former Boko Haram fighters into society.

The program prioritizes human rights and humanitarian law in training and re-training the armed forces.

The AGF warned against individuals and organizations making baseless allegations against the military to undermine its legitimate efforts.

“Nigeria stands firm with fellow State Parties in the shared commitment to end impunity for the world’s gravest crimes. We fully support the ICC’s work and encourage other states to accede to the Rome Statute,” he concluded.