The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to refer the violence and mass killings in Benue State to the International Criminal Court (ICC), describing the attacks as grave human rights crimes that may amount to war crimes, crimes against humanity, or even genocide.
In a letter dated June 21, 2025, and signed by its deputy director, Kolawole Oluwadare, SERAP said the referral would enable the ICC prosecutor to exercise jurisdiction on Benue killings over what it described as unlawful killings, forced displacements, and other serious violations of international humanitarian and human rights law.
Citing a recent statement by the Tor Tiv and paramount ruler of Benue State, Professor James Ayatse, SERAP noted that the state has been facing a “calculated, well-planned, full-scale genocidal invasion and land-grabbing campaign by herder terrorists and bandits,” which has gone on for decades and worsens yearly.
The organisation stated that President Tinubu’s government bears a primary responsibility to ensure justice, accountability, and reparations for victims of these atrocities.
“Referring 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,’” SERAP said in the letter.
SERAP further argued that both state and non-state actors involved in the Benue killings have continued to enjoy impunity due to the inadequacy of domestic legal mechanisms and the alleged complicity of some state actors.
“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 stressed.
According to SERAP, under Article 14 of the Rome Statute, to which Nigeria is a state party, the federal government can directly refer the situation in Benue to the ICC Prosecutor to open an investigation.
“The referral of the situation in Benue to the ICC is a relatively easy process, as Article 14 does not impose any evidentiary burden on Nigeria.
“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 explained.
The organisation warned that continued delay or reluctance by the government to refer the situation to the ICC would embolden perpetrators, both within and outside the state, to carry on attacks with impunity.
“Inaction will send the wrong message, that perpetrators can kill, maim, displace, and terrorise civilians without consequences,” the group warned.
SERAP also stressed that a referral would provide the ICC with access to admissible evidence that may not be easily accessible to Nigerian authorities and would strengthen Nigeria’s ability to prevent future crimes.
“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 group noted.
In addition to Benue, SERAP urged President Tinubu to consider requesting the ICC prosecutor to extend any ongoing investigations to other states suffering similar violence, including Zamfara, Kebbi, Sokoto, Plateau, Taraba, and Borno.
The group reminded the president that other African countries such as Gabon, Mali, Uganda, the Democratic Republic of Congo, and the Central African Republic had previously referred cases to the ICC, thereby strengthening accountability for mass atrocities in 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 stated.
The appeal follows reports that at least 100 people were recently killed in brutal attacks on Yelewata and Dauda communities in Benue.
The National Emergency Management Agency (NEMA) confirmed that over 3,000 people have been displaced by the latest round of violence.
Last month, at least 42 people were reportedly gunned down in Gwer West District in coordinated weekend raids by suspected herders.
Since 2019, more than 500 lives have been lost in such attacks across Benue, while an estimated 2.2 million people have been displaced from their homes.
ALSO READ TOP STORIES FROM NIGERIAN TRIBUNE
and then