Why Is The Hague Sitting on the Fence in Prosecuting Boko Haram Terrorism in Nigeria?

Abstract

Abstract On 18 November, 2010 a preliminary examination of the situation in Nigeria was announced and for almost a decade, investigation has not yet begun. Ten potential cases have been identified, seven for Boko Haram and three for Nigerian Security Forces (NSF). This article investigates whether issues of complementarity and admissibility provide any legal barriers capable of withholding investigation; and whether granting national amnesty to Boko Haram can hinder investigation and prosecution by the International Criminal Court. It employs a qualitative methodological approach for investigation and evaluation regarding the issues discussed. It argues that the situation in Nigeria has met the entire legal framework for investigation and prosecution to proceed and that the arrest of Abubakar Shekau, Abu Musab AlBarnawi, and Abu Abdullahi Ibn Umar al-Barnawi, the Boko Haram leaders will weaken the group, and provide the needed external help and intervention desired to end the terrorism.