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The Socio-Economic Rights and Accountability Project (SERAP) petitioned Mr. Karim AA Khan, QC, prosecutor, International Criminal Court (ICC), urging him to “investigate the growing cases of kidnapping of ‘students in several parts of northern Nigeria, school closures, and the continued failure of Nigerian authorities at federal and state levels to end kidnapping as a crime against humanity within the jurisdiction of the CPI.
SERAP urged him “to put pressure on those suspected of being responsible and accomplices in the commission of these serious crimes, to be invited and tried by the ICC”.
The petition followed a series of kidnappings and school closures in parts of Nigeria, including the recent closure of schools in Zamfara state after dozens of students were kidnapped by gunmen in a public high school in the district of Maradun.
In the petition dated September 4, 2021 and signed by SERAP Deputy Director Kolawole Oluwadare, the organization said: “Depriving children of their right to education has serious consequences for their ability to access their basic rights. . Serious and permanent harm resulting from the deprivation of the right to education of children meets the threshold of seriousness of harm under the Rome Statute.
SERAP said: “Investigate and report cases of Nigerian student kidnappings and school closures, as well as the failure of Nigerian authorities to provide safe and conducive learning environments as crimes against humanity. help fight impunity, deter future human rights violations and improve children’s access to education.
According to SERAP, “the persistent and discriminatory denial of girls’ education is a crime against humanity. Repeated kidnappings, the lack of safe and supportive learning environments and the resulting closures of schools give rise to individual criminal liability under the Rome Statute.
The petition read, in part: “The crime of kidnapping is not simply a deprivation of one basic human right, but a comprehensive effort to reorganize society and deprive children, including girls, of their dignity. human rights and their free will in all aspects of their lives. Lives. The lack of education for girls and women has been shown to have negative effects on their children and families.
“The continued failure of the Nigerian authorities to end widespread and systemic kidnappings and to provide safe and conducive learning environments for Nigerian children to enjoy their right to a quality education constitutes crimes against humanity. , which fall under the jurisdiction of the ICC.
“Although the Nigerian authorities have the primary responsibility to investigate and prosecute alleged crimes of student abduction, they have repeatedly failed and / or neglected to do so. ”
“The lack of tangible and relevant investigation or prosecution in Nigeria suggests that authorities are unwilling or unable to conduct genuine investigations or prosecutions against those suspected of being responsible for and complicit in the kidnapping. students.
“The consequences of persistent student abductions, school closures and failure to provide safe and supportive learning environments despite federal and state authorities budgeting some N241.2 billion annually of public funds as “safety votes”, are similar to those of the offenses under Article 7 (1).
“Senior government officials know or should know that their failure to prevent these crimes will violate the human rights and dignity of children.
“SERAP is concerned about the growing number of reports of Nigerian student abductions and school closings in several parts of Nigeria. Nigeria being a state party to the Rome Statute, the ICC has jurisdiction over crimes against humanity committed on the territory of Nigeria or by its nationals.
“SERAP therefore urges you to conclude that on the basis of the information available, the acts of kidnapping of students and closing of schools in many parts of northern Nigeria constitute crimes against humanity within the meaning of the Statute of Rome of the ICC.
“Article 7 of the Rome Statute defines” crime against humanity “as including” inhumane acts causing great suffering or injury “, committed in a generalized or systematic manner against a civilian population. The common denominator of crimes against humanity is that they constitute serious affronts to human security and dignity.
“The ICC should recognize that depriving children, including girls, of the right to education is an inhumane act under article 7 that causes its victims suffering and harm comparable to that of other crimes against humanity.
“The Office of the Prosecutor’s policy on children recognizes that children are an ‘identifiable group or community’ and ‘targeting [them] on the basis of age or birth can be charged with persecution on “other grounds”.
“The fact that only children of the poor attend schools which are often the target of kidnappings and closures suggests that the cases highlighted in this petition fall within the jurisdiction of the ICC for ‘other reasons’.
“SERAP considers that there are substantial grounds to justify the intervention of the Prosecutor in this case, as provided for in article 17 of the Rome Statute.
“More than 10,000 schools have reportedly been closed in at least seven northern states for fear of attacks and kidnappings of students and staff. The states are Sokoto, Zamfara, Kaduna, Kano, Katsina, Niger and Yobe.
“Schools in Zamfara State, northwest Nigeria, were closed after dozens of students were abducted by gunmen from a public high school in Maradun district, Zamfara.
“Among the series of kidnappings in Zamfara was the kidnapping of more than 200 schoolgirls in the town of Jangebe in February. The latest kidnapping comes after numerous reports of student kidnappings and school closings in many states in Nigeria, including north-central Niger state where some 91 schoolchildren were kidnapped.
“An estimated 1.3 million Nigerian children have been affected by frequent raids on schools by suspected terrorists. Some 13 million Nigerian children are out of school across the country. According to the United Nations Children’s Fund (UNICEF), more than 1,000 students have been abducted from schools in northern Nigeria since December 2020. ”
“Families and parents should have paid the terrorists thousands of dollars in ransom to secure the release of their children. It is estimated that $ 18.34 million would have been paid in ransoms between June 2011 and the end of March 2020. ”
“Nigerian authorities also failed and / or neglected to deal satisfactorily with the kidnapping of 276 schoolgirls from Chibok in 2014, which sparked the #BringBackOurGirls campaign. According to reports, more than 100 of these girls are still missing. ”
“In addition, in accordance with the Rome Statute, the Prosecutor has the power to intervene in a situation falling within the jurisdiction of the Court if the Security Council or States Parties refer a situation or if information is provided by others. sources such as the information provided by SERAP in this case. ”
“SERAP believes that the ICC exists as a constant reminder of the responsibility of states to fight serious crimes and impunity. The crimes against humanity alleged in Nigeria deserve the attention of the Court.
SERAP therefore urged Mr. Khan to:
1. Urgently open an investigation motu proprio on the widespread and systematic problem of the kidnappings of Nigerian students, the failure to provide a safe learning environment and the continued closure of schools, with a view to determining whether these are crimes against humanity falling within the jurisdiction of the Court. In this regard, we also urge you to invite the representatives of the Nigerian government, the governors of the states concerned to testify in writing or orally at the seat of the Court, so that the Prosecutor can conclude whether there is a reasonable basis for an investigation and to submit to the Pre-Trial Chamber a request for authorization to investigate;
2. Assure the mission of the officials of the Office of the Prosecutor to Nigeria for evaluation purposes;
3. Bring to justice those suspected of being responsible for widespread and systematic kidnappings, the failure to provide a safe learning environment for children and the resulting closure of schools in many states;
4. Urge the Nigerian government to fulfill its obligations under the Rome Statute to cooperate with the ICC; including responding to your requests for the arrest and surrender of alleged perpetrators and those who are directly or indirectly complicit in crimes, testimony and other support to the ICC;
5. Oblige the Nigerian authorities to guarantee Nigerian children their rights to life, dignity and quality education in a safe learning environment, and to guarantee reparations to victims, including restitution, compensation. , rehabilitation and the guarantee of non-repetition;
6. Encourage the Nigerian authorities to implement the provisions of the Rome Statute as part of a general strategy to strengthen national jurisdiction to ensure that they can effectively investigate and prosecute cases of prohibited child abduction. by the Rome Statute
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