The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to refer the escalating violence in Benue State to the International Criminal Court (ICC), citing grave human rights violations, including unlawful killings and attacks on civilians.
In a letter dated June 21, 2025, and signed by SERAP Deputy Director Kolawole Oluwadare, the organization emphasized that such a referral would align with Tinubu’s public commitment to justice and accountability.
“Your government has a primary responsibility to ensure justice, accountability, and reparations for victims of grave human rights crimes,” the letter stated. “Referring the situation in Benue to the ICC would reinforce your commitment to bring perpetrators to justice and break the cycle of impunity.”
SERAP further recommended expanding the scope of investigation to other conflict-ridden states such as Zamfara, Kebbi, Sokoto, Plateau, Taraba, and Borno, where similar patterns of violence persist.
Citing the Tor Tiv and paramount ruler of Benue State, Professor James Ayatse, SERAP referenced his description of the crisis as “a calculated, well-planned, full-scale genocidal invasion and land-grabbing campaign by herder terrorists and bandits.”
The organization warned that failure to act decisively would embolden perpetrators—both state and non-state actors—to continue their attacks without fear of consequences. It argued that domestic justice mechanisms have been inadequate due to the alleged complicity of some state actors.
“Given the scale and complexity of the violence, and the failure of domestic mechanisms to deliver justice, referring the situation to the ICC is both necessary and urgent,” SERAP said. “The ICC has jurisdiction to investigate and prosecute those most responsible for crimes such as war crimes, crimes against humanity, and genocide—even those with immunity under national law.”
Under Article 14 of the Rome Statute, Nigeria, as a state party, can refer cases directly to the ICC Prosecutor without needing to present evidence upfront. Such a referral would prompt the Prosecutor to investigate and determine whether there is a reasonable basis to proceed with charges.
SERAP cited recent attacks in Yelewata and Dauda communities in Benue, where over 100 people were reportedly killed and 3,000 displaced, according to the National Emergency Management Agency. Last month, 42 people were killed in similar attacks in Gwer West.
The group warned it would consider asking other state parties to the Rome Statute to initiate a referral if the Nigerian government fails to act within seven days.
“Referring the situation in Benue to the ICC would send a strong message that grave violations of international law will not be tolerated,” the letter said. “Justice is not optional—it is essential for healing, accountability, and lasting peace.”
SERAP noted that other countries—including Uganda, the Democratic Republic of Congo, Mali, Gabon, and the Central African Republic—have previously referred cases to the ICC, and urged Nigeria to follow suit.
The federal government has yet to respond to SERAP’s call.
