ICC Rejects Amnesty’s Push to Fast-Track Nigeria Investigation, Cites Lack of Jurisdiction

The International Criminal Court (ICC) has rejected a legal request by Amnesty International seeking to force the Court’s Prosecutor to open a formal investigation into alleged crimes committed in Nigeria. The Pre-Trial Chamber I, in a majority decision issued Monday, ruled that it lacked the legal authority to compel such action.

Judges Iulia Antoanella Motoc and Reine Adélaïde Sophie Alapini-Gansou, in the majority, found that under Article 15(3) of the Rome Statute, the Prosecutor’s decision to seek authorisation for an investigation is discretionary and cannot be mandated by the Court at this stage. Judge María del Socorro Flores Liera dissented, arguing that the Court should have granted Amnesty’s request in light of victims’ rights and prior prosecutorial findings.

Amnesty International filed the application on December 3, 2024, claiming that the Prosecutor had already determined in 2020 that there was a reasonable basis to open an investigation into alleged crimes against humanity and war crimes in Nigeria. They argued that this created a legal duty for the Prosecutor to request authorisation to proceed.

In its response dated December 13, 2024, the Office of the Prosecutor maintained that it had not yet made a final determination to seek judicial authorisation, and such a decision remains solely within its prosecutorial discretion.

The Pre-Trial Chamber sided with the Prosecutor, ruling that:

“Although it is not clear when the Prosecution will request authorisation… the Chamber does not have the power, at present, to make a finding on the Prosecution’s obligation under article 15(3) of the Statute.”

The judges also dismissed Amnesty’s follow-up request to reply to the Prosecutor’s response, effectively bringing the matter to a close for now.

Amnesty’s request had come amid mounting frustration over the prolonged delay in ICC proceedings concerning Nigeria, where international and local human rights groups have accused both government forces and insurgent groups of committing atrocities.

The ICC Prosecutor’s Office has defended its cautious approach, pointing to ongoing engagement with Nigerian authorities in line with the principle of complementarity—where domestic legal systems are given the first opportunity to investigate and prosecute alleged crimes.

Efforts reportedly include continued evidence review and a 2024 visit by Deputy Prosecutors to support accountability measures in Nigeria.

In her dissenting opinion, Judge Flores Liera emphasized that justice delayed is justice denied, especially for victims seeking answers and transparency. She warned that continued inertia risks eroding trust in the Court’s ability to deliver meaningful justice.

The ICC Registry has been instructed to officially notify Amnesty International of the decision.