Benue Killings: SERAP Urges Tinubu to Refer Case to ICC

President Bola Tinubu

The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to urgently refer the situation in Benue State to the International Criminal Court (ICC). The organization seeks ICC intervention over the escalating violence, unlawful killings, and serious breaches of international humanitarian and human rights laws in the state.

SERAP also encouraged the President to consider referring similar ongoing violence in other parts of Nigeria to the ICC, or to request the ICC prosecutor to broaden existing investigations into Nigeria to cover these areas.

Professor James Ayatse, the Tor Tiv and paramount traditional ruler of Benue, was quoted as saying:

“What we are dealing with in Benue is a deliberate, well-organized, full-scale genocidal invasion and land-grabbing operation by terrorist herders and bandits—a crisis that has been escalating for decades.”

In a letter dated June 21, 2025, and signed by SERAP Deputy Director Kolawole Oluwadare, the group stated:

“Your government bears the primary responsibility to ensure accountability, justice, and reparations for these egregious human rights violations.”

SERAP emphasized that referring the situation in Benue to the ICC would align with President Tinubu’s promise to "track down the attackers, ensure justice for victims, and restore peace in the state."

The group stressed the urgent need for accountability, regardless of whether the perpetrators are state or non-state actors.

Part of the letter reads:

“A referral by your administration would bring the situation to the attention of the ICC Prosecutor, who could then assess whether international crimes have occurred and identify those most responsible.”

SERAP warned that failure to act would only embolden both state and non-state actors to continue attacks with impunity. Many perpetrators, they said, have continued to evade justice.

The organization noted that domestic legal avenues have proven inadequate to deliver justice in Benue and other states suffering similar atrocities, especially when state actors are allegedly complicit.

They added:

“The ICC has jurisdiction to prosecute individuals, including top political and military leaders who may enjoy immunity under national laws but are implicated in grave human rights violations in Benue, Zamfara, Kebbi, Sokoto, Plateau, Taraba, and Borno States.”

Under Article 14 of the Rome Statute, Nigeria, as a state party, can formally refer a case to the ICC prosecutor to investigate serious crimes committed in Benue.

SERAP explained that the referral process under Article 14 is straightforward and does not require Nigeria to provide evidence upfront. Once a referral is made, the ICC prosecutor is obligated to open an investigation or determine if a reasonable basis exists to do so.

Furthermore, a government referral would eliminate the need for the prosecutor to seek Pre-Trial Chamber approval to begin an investigation.

SERAP stated:

“The prosecutor would also gain access to admissible evidence that may not be easily obtained by Nigerian security or law enforcement agencies.”

The group highlighted that the violence in Benue and other regions has persisted for far too long, claiming thousands of lives and displacing countless residents.

“The Rome Statute offers a critical pathway for your administration to address widespread abuses in Benue and beyond and to ensure justice for victims,” SERAP said. “Justice is not a luxury—it’s essential for protecting rights and rebuilding trust.”

SERAP noted that several countries, including Gabon, Mali, Uganda, the Democratic Republic of Congo, and the Central African Republic, have previously referred situations to the ICC. Nigeria would not be setting a precedent by doing the same.

The letter concluded with a request:

“We urge you to act within seven days of receiving or publishing this letter. If we do not hear from you, SERAP may seek support from other state parties to the Rome Statute to make the referral, similar to past cases such as Venezuela.”

Referring Benue to the ICC, SERAP argued, would show a genuine commitment to ending the human rights crisis, hold perpetrators accountable, and send a clear message that such crimes will not go unpunished.

“This step would also reassure victims and their families that justice will be pursued and improve security and human rights protections for people in Benue,” the group added.

The ICC has the authority to investigate and prosecute individuals responsible for war crimes, crimes against humanity, and genocide. The Rome Statute provides the legal framework for Nigeria to initiate this process.

SERAP recalled President Tinubu’s own words about the importance of justice, quoting him as saying that those responsible for the killings must be arrested because "the value of human life is greater than that of a cow. We were elected to govern, not to bury people.”

According to SERAP, at least 100 people were recently killed in coordinated gunmen attacks on Yelewata and Dauda communities in Benue. Nigeria’s National Emergency Management Agency reported that over 3,000 people have been displaced.

Many are still missing, and dozens are injured without access to proper medical care. Some victims were reportedly locked in their homes and burned alive. Last month, suspected herders shot and killed at least 42 people in a series of weekend attacks in Gwer West district.

Since 2019, over 500 lives have reportedly been lost in the region, with more than 2.2 million people forced to flee their homes. SERAP noted that Nigeria has been a party to the Rome Statute since depositing its ratification instrument on September 27, 2001.

Vanguard

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