…Warns delay will embolden perpetrators, deepen impunity
The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Ahmed Tinubu to urgently refer the escalating violence and mass killings in Benue State to the International Criminal Court (ICC), warning that the atrocities amount to war crimes, crimes against humanity, and potentially genocide.
In a letter dated 21 June 2025, and signed by Deputy Director Kolawole Oluwadare, SERAP insisted that a referral to the ICC Prosecutor is essential to establish jurisdiction over the ongoing violence, mass displacement, and severe breaches of international humanitarian and human rights law.
“Referring the situation in Benue State to the ICC would reflect your stated commitment to hold perpetrators accountable, secure justice for victims, and restore peace in the region,” the letter read.
The appeal follows the most recent attacks in Yelewata and Dauda communities, where no fewer than 100 people were reportedly killed and more than 3,000 residents displaced, according to figures released by the National Emergency Management Agency (NEMA).
Quoting the Tor Tiv and paramount ruler of Benue, Professor James Ayatse, SERAP described the crisis as a “calculated, well-planned, full-scale genocidal invasion and land-grabbing campaign by herder terrorists and bandits,” a campaign it said had worsened annually and spanned decades.
The group stressed that both state and non-state actors must be held accountable and warned that failure to act would further embolden perpetrators to continue with impunity.
Under Article 14 of the Rome Statute — to which Nigeria has been a signatory since 2001 — President Tinubu can directly refer a situation to the ICC without being required to produce evidence. This action would trigger an obligation for the ICC Prosecutor to assess and decide whether to open a formal investigation.
SERAP noted that the ICC has the authority to prosecute individuals who may otherwise enjoy immunity under national law, including those occupying senior political or military positions.
The organisation also asked President Tinubu to request that the current ICC preliminary examination in Nigeria be expanded to include crisis-hit states such as Zamfara, Kebbi, Sokoto, Plateau, Taraba, and Borno, where similar patterns of violence and human rights violations have been recorded.
SERAP warned that if no concrete action is taken within seven days, it would petition States Parties to the Rome Statute to initiate an independent referral, as was done in cases involving Venezuela and other countries.
The group referenced international precedents in Gabon, Mali, Uganda, the Democratic Republic of Congo, and the Central African Republic, urging the Nigerian president to lead by example in ensuring justice and halting impunity.
Their call comes amid persistent attacks in Benue. Only last month, 42 villagers were reportedly gunned down in Gwer West, while over 500 people have been killed and more than 2.2 million displaced in the state since 2019.
“Justice is not an optional extra. It is essential. The time to act is now,” SERAP stated.
President Tinubu has previously remarked that human lives must be valued above cattle and pledged swift justice for victims of violence. SERAP’s intervention now challenges him to translate those pledges into concrete international action.
