Crimes Against Humanity War Crimes Genocide Bill Summary

What Is This Policy?

Akintunde Rotimi, House Spokesman (APC, Ekiti State), on 18 November 2025. The Bill seeks to domesticate Nigeria’s obligations under the Rome Statute of the International Criminal Court (ratified 27 September 2001) by creating enforceable criminal offences in Nigerian law for genocide, crimes against humanity, war crimes, and related international crimes enabling Nigerian courts to prosecute individuals for these offences without reliance on the ICC. Nigeria ratified the Rome Statute over two decades ago but has never enacted the domestic implementing legislation required to prosecute Rome Statute crimes in its own courts. A prior government bill (SB 183, approved by the Federal Executive Council in 2012) stalled after Second Reading in the Senate and was never passed. HB.2609 revives this long-deferred legislative obligation at a moment of acute international pressure: on 31 October 2025 just 18 days before the Bill’s introduction. President Trump redesignated Nigeria as a ‘Country of Particular Concern’ citing religious atrocities, the ICC’s preliminary examination into Nigerian security forces and Boko Haram remains open, and the UN Sixth Committee adopted a resolution in December 2025 advancing a new international treaty on crimes against humanity.

Who Does It Target?

Individuals who commit, order, facilitate, or bear command responsibility for genocide, crimes against humanity, or war crimes on Nigerian territory or against Nigerian nationals Members of armed non-state groups including Boko Haram, ISWAP, and armed herder militias responsible for mass atrocities in Nigeria’s North-East, Middle Belt, and Niger Delta regions Members of Nigeria’s security forces implicated in serious violations of international humanitarian law, where the ICC’s preliminary examination found a reasonable basis to believe war crimes and crimes against humanity were committed Victims of mass atrocities including internally displaced persons, survivors of communal violence, and religious and ethnic minority communities who stand to benefit from domestic accountability mechanisms The Federal Government, as a Rome Statute State Party, which bears treaty obligations to investigate, prosecute, or extradite/surrender persons accused of Rome Statute crimes The legal profession prosecutors, judges, and investigators who will require training and capacity building to apply international criminal law concepts in domestic proceedings Civil society and human rights organisations including the Nigerian Coalition for the ICC that have advocated for domestic Rome Statute implementation for over a decade

What Does It Aim to Achieve?

Domesticate Nigeria’s Rome Statute obligations by enacting genocide, crimes against humanity, and war crimes as specific criminal offences under Nigerian federal law, carrying defined penalties Establish Nigerian courts’ jurisdiction to prosecute Rome Statute crimes, triggering the ICC’s complementarity principle and reducing the risk of Nigeria’s cases being taken over by the Court Close the impunity gap: ensure that the most serious international crimes committed in Nigeria do not escape prosecution due to the absence of applicable domestic law Provide a legal basis for Nigeria to cooperate with the ICC on arrest, surrender, evidence-gathering, and enforcement of sentences obligations currently unmet due to lack of domestic implementing legislation Protect victims by creating a statutory framework for reparations, witness protection, and victim participation in proceedings consistent with Rome Statute standards Align Nigeria’s domestic criminal law with the UN Sixth Committee’s evolving framework on crimes against humanity (December 2025 resolution) and the broader international accountability agenda Demonstrate Nigeria’s commitment to international criminal justice standards at a moment of intense international scrutiny regarding atrocities on Nigerian territory

Key Features

Codification of Core Crimes: Defines and criminalises genocide (Article 6 Rome Statute), crimes against humanity (Article 7), and war crimes (Article 8) including gender-based crimes, use of child soldiers, and attacks on civilians as specific, standalone offences in Nigerian law with corresponding penalties Complementarity Framework: Establishes Nigerian courts as the primary forum for prosecuting Rome Statute crimes directly engaging the ICC’s complementarity principle, which gives jurisdiction to the ICC only where national courts are unwilling or unable to genuinely investigate and prosecute Extraterritorial Jurisdiction: Expected to confer jurisdiction on Nigerian courts over Rome Statute crimes committed abroad by Nigerian nationals or against Nigerian citizens — consistent with the principle of universal jurisdiction for international crimes Command Responsibility: Likely codifies the doctrine of command responsibility: military and civilian superiors may be held criminally liable for crimes committed by forces under their effective command and control where they knew or had reason to know and failed to prevent or punish No Immunity for Official Capacity: Consistent with Article 27 of the Rome Statute, anticipated to provide that official position including Head of State, government minister, or military officer shall not exempt an individual from criminal responsibility No Statute of Limitations: International crimes under the Rome Statute are not subject to statutes of limitation; the Bill is expected to reflect this principle in Nigerian law, allowing prosecution of past atrocities Victim & Witness Protections: Expected to include provisions for victim participation in proceedings, access to reparations, and protections for witnesses and victims particularly women and children consistent with Rome Statute Articles 43, 54, and 68 ICC Cooperation Mechanism: Likely creates a statutory framework for Nigeria to fulfil its ICC cooperation obligations: arrest and surrender of accused persons, preservation and transfer of evidence, and enforcement of Court-imposed sentences Definitions of Gender-Based Crimes: The Rome Statute’s expanded definitions of sexual violence as a crime against humanity and war crime are expected to be incorporated a critical provision given documented sexual violence by Boko Haram and armed groups in Nigeria’s conflict zones

Current Status

The Bill was introduced on 18 November 2025 and is under consideration by the National Assembly.

Legal Framework

Constitution of the Federal Republic of Nigeria 1999; Rome Statute of the International Criminal Court; Geneva Conventions Act; Armed Forces Act; Administration of Criminal Justice Act 2015