The International Criminal Court and Nigeria
Implementing the Complementarity Principle of the Rome Statute
Routledge Research in International Law Series

If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of ?unwillingness? or ?inability? on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of ?unwillingness? and ?inability.? The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to ?unwillingness? and ?inability.?

The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.

Contents

Preface

Dedication

Acknowledgements

Table of contents

List of acronyms and abbreviations

Table of cases

Table of statutes

Table of treaties

Chapter One: Introduction

Chapter Two: The Nigerian Legal System and The Implementation Of The Rome Statute Complementarity Principle

Chapter Three: Complementarity Under the Rome Statute Of The International Criminal Court

Chapter Four: Inaction: Adoption of Implementing Legislation As An Aspect Of Complementarity

Chapter Five: Unwillingness: Shielding from Criminal Responsibility I

Chapter Six: Unwillingness: Shielding from Criminal Responsibility Ii

Chapter Seven: Unwillingness: Independence and Impartiality Of The Prosecuting Authority And The Judiciary

Chapter Eight: Inability: The Need for Witness Protection, Extradition Arrangement And Delegation Of Criminal Jurisdiction To Other States

Chapter Nine: Conclusion and Recommendations

Bibliography

Index

Muyiwa Adigun is a lecturer in the Faculty of Law, University of Ibadan, Ibadan, Nigeria, West Africa.