Prosecution that Never Began: An Exploration of Acceptance of International Criminal Justice in Nigeria

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Since the release of the preliminary investigation of war crimes and crimes against humanity by the International Criminal Court (ICC) in Nigeria in 2012 there have been different reactions from affected communities, political parties, experts, and civil society organisations which expected that it would result in the prosecution of criminals. However, so far, no prosecution has begun. Central to this study is the argument that these delays in prosecution affect the acceptance of international criminal justice (ICJ) in Nigeria. It is based on qualitative research carried out among community members, political party members, experts, civil society organisations, and government staff in Abuja, Edo, Lagos, Ibadan and Nasarawa. It reveals that many national actors initially accepted ICJ because they believed that the preliminary investigation by the ICC would lead to prosecution of war criminals in Nigeria. It also found that many interviewees preferred the principle of complementarity when it comes to the prosecution of war criminals in Nigeria. The study equally recorded dissenting voices against ICJ because of what interviewees called the erosion of national and regional sovereignty, the cost vs. benefit of trials, and the waste of time identified with the delay in prosecution of war crimes and crimes against humanity in Nigeria. However, the study concludes that delays in the prosecution of war criminals by the International Criminal Court are the most important aspect that affected – rather reduced – the acceptance of ICJ in Nigeria.