•Says mass killings may constitute war crimes, crimes against humanity
The Socio-Economic Rights and Accountability Project (SERAP) on Sunday urged President Bola Tinubu to refer the situation in Benue State to the International Criminal Court (ICC), warning that the ongoing mass killings and violent attacks in the region may amount to war crimes, crimes against humanity, or genocide.
The rights group made the appeal in a letter dated June 21, 2025, signed by its Deputy Director, Kolawole Oluwadare.
The letter called on the Federal Government to urgently invoke Article 14 of the Rome Statute, to which Nigeria is a state party, to formally request the ICC Prosecutor to open an investigation into the atrocities unfolding in the state.
SERAP’s call follows reports that over 100 people were killed in recent attacks on Yelewata and Dauda communities in Benue.
The National Emergency Management Agency (NEMA) said at least 3,000 people have been displaced in the wake of the violence.
Just last month, suspected herders reportedly shot and killed at least 42 people in Gwer West District during coordinated weekend raids.
Since 2019, more than 500 lives have been lost in similar violent attacks across Benue, while an estimated 2.2 million people have been displaced from their ancestral homes.
According to SERAP, these grim statistics point to a consistent pattern of mass atrocities that demand urgent international accountability mechanisms beyond the domestic legal system.
“The referral of the situation in Benue State to the ICC would contribute to achieving your expressed commitment to ‘hunt down the perpetrators of the attacks and bring them to justice, deliver justice for victims and restore peace in the state,’” the organisation stated.
Citing a recent statement by the Tor Tiv and paramount ruler of Benue State, Professor James Ayatse, the group reiterated that the people of Benue are facing a “calculated, well-planned, full-scale genocidal invasion and land-grabbing campaign by herder terrorists and bandits,” which has persisted for decades and continues to escalate.
SERAP emphasised that the Nigerian government, under President Tinubu, bears a legal and moral responsibility to ensure justice, accountability, and reparations for the victims and survivors of these atrocities.
“Accountability for these brutal mass killings is urgently needed, regardless of whether the perpetrators are state actors or non-state actors or both,” the group said.
SERAP pointed out that Article 14 of the Rome Statute provides a clear pathway for Nigeria to refer situations of mass violence to the ICC without an evidentiary burden at the referral stage.
“The referral of the situation in Benue to the ICC is a relatively easy process. Such a referral would immediately place a positive obligation on the ICC Prosecutor to open an investigation or determine if there is a reasonable basis to do so,” it noted.
The rights group also warned that the continued delay or refusal to act would embolden perpetrators and further entrench impunity.
“Inaction will send the wrong message, that perpetrators can kill, maim, displace, and terrorise civilians without consequences.
“This could have devastating implications not just for Benue but for the broader security situation in Nigeria,” SERAP stated.
The organisation added that the ICC is uniquely positioned to investigate crimes that involve high-level political or military actors who may be immune from prosecution under Nigerian law.
“The ICC’s jurisdiction extends to those who may be immune from domestic prosecution, including individuals in the highest political or military leadership who may be complicit in the crimes,” the letter read.
According to SERAP, the ICC also has better access to admissible evidence, witnesses, and investigative tools that may not be available to local law enforcement agencies, especially in conflict zones.
The organisation further called on the President to consider extending the ICC’s jurisdiction to cover similar incidents of mass violence in other states such as Zamfara, Kebbi, Sokoto, Plateau, Taraba, and Borno, where attacks by terrorists, armed groups, and bandits have led to widespread loss of lives and displacement.
SERAP reminded the President that several African countries, including Gabon, Mali, Uganda, the Democratic Republic of Congo, and the Central African Republic, had successfully referred cases to the ICC to address mass atrocities within their territories.
“We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter.
“If we have not heard from you by then, SERAP shall consider requesting the States Parties to the Rome Statute to refer the situation in Benue to the ICC,” SERAP wrote.
The group stated that a referral to the ICC would not only be a step toward justice for the victims but would also help deter future crimes, restore public trust in the justice system, and reinforce Nigeria’s commitment to the rule of law.
SERAP also cited an earlier statement by President Tinubu in which he lamented the spate of killings in Benue and pledged to ensure perpetrators are arrested.
The President reportedly declared, “The value of human life is greater than that of a cow. We were elected to govern, not to bury people.”
The group said the referral of the Benue situation to the ICC would be a powerful way to back that statement with meaningful action.
“Justice is not an optional extra. It is an essential prerequisite for vindicating people’s rights. Referring the situation in Benue to the ICC would demonstrate your government’s commitment to ending the cycle of violence and impunity in Nigeria,” SERAP concluded.
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