Amnesty International has publicly criticized the International Criminal Court’s (ICC) Prosecutor's Office for its prolonged delay in initiating a formal investigation into the alleged atrocities committed by the Nigerian military. This criticism follows a recent visit by Deputy Prosecutor Mame Mandiaye Niang to Nigeria, which ended without any substantial progress report regarding the potential investigation, despite previous indications that such an investigation was justified.

Over five years ago, the ICC identified the need for an investigation into the Nigerian military following allegations that 640 men and boys were massacred after escaping the Giwa barracks detention center in Maiduguri during a Boko Haram attack in 2014. Despite the gravity of the accusations and the passage of time, the ICC’s Office of the Prosecutor has yet to take decisive action, leaving victims and their families in a prolonged state of uncertainty and injustice.

During her visit, Deputy Prosecutor Niang praised her discussions with Nigerian authorities as a "frank and open dialogue" and recognized Nigeria’s expressed readiness to address the alleged crimes. However, Amnesty International remains skeptical. Isa Sanusi, the Director of Amnesty International Nigeria, voiced frustration with the ICC, accusing it of abandoning the victims of the conflict in northeast Nigeria by failing to move beyond preliminary discussions with national authorities.

The principle of complementarity under the Rome Statute mandates that the ICC can only intervene when national jurisdictions are unwilling or unable to prosecute alleged crimes effectively. In April 2022, Prosecutor Karim A.A. Khan KC reminded Nigerian officials of their obligations under this statute to conduct genuine national investigations and prosecutions.

The persistent allegations against the Nigerian military include not only the Giwa barracks incident but also recent accusations of failing to protect civilians during ongoing armed conflicts and involvement in the violent invasion of the Yelewata farming community. These continued reports highlight a troubling pattern of behavior that calls for urgent and comprehensive accountability measures.

As international and local pressures mount, the world watches closely to see if the ICC will fulfill its mandate to prosecute the gravest crimes when national authorities do not. The call from Amnesty International underscores a desperate plea for justice from survivors and a test of the ICC’s commitment to uphold international law.