UNITED States President Donald Trump has called on Nigeria and other members of the International Criminal Court (ICC) to withdraw from the court, describing it as a “rogue institution” and an “evil group of people”.
Trump made the call on Tuesday, September 22, while addressing the 81st United Nations General Assembly in New York.
“I call on all nations that are members of the ICC to officially resign from this rogue institution immediately,” Trump told world leaders gathered at the UN headquarters.
Although Trump did not single out Nigeria, the country is among the States that ratified the Rome Statute establishing the ICC.
Trump also accused the court of being an “anti-American tribunal” and said the United States would not allow its military personnel or other Americans to face what he described as “show trials”.
“We will never allow US service members or anyone else to be investigated or given show trials by an anti-American tribunal with no jurisdiction over us,” he said.
The remarks came amid an escalating confrontation between Washington and the Hague-based court, which prosecutes individuals accused of genocide, crimes against humanity, war crimes and, under specified conditions, the crime of aggression.
Nigeria and the ICC
The ICIR reports that Nigeria ratified the Rome Statute on September 27, 2001, making it a State Party to the treaty that established the ICC. The court says its jurisdiction over Nigeria covers crimes committed on Nigerian territory or by Nigerian nationals from July 1, 2002.
Nigeria’s relationship with the ICC has been particularly significant because of allegations of international crimes arising from the country’s prolonged security crises.
The ICC Office of the Prosecutor signed a Memorandum of Understanding (MoU), deferring to Nigeria’s primary responsibility to address alleged crimes under ICC jurisdiction.
The ICIR reports that before MoU, the court has examined alleged crimes including attacks against civilians, murder, persecution and other acts linked to the Boko Haram insurgency.
The ICC has also stressed the principle of complementarity, under which national authorities have primary responsibility for investigating and prosecuting crimes covered by the Rome Statute.
The court can become involved where relevant cases are admissible under the Rome Statute, including where national authorities are unwilling or unable to genuinely investigate or prosecute them.
Why Trump opposes the ICC
Trump’s latest comments are part of a broader campaign by his administration against the court.
The United States is not a member of the ICC and has consistently rejected the court’s jurisdiction over US nationals.
The Trump administration has imposed sanctions on ICC officials and has opposed the court’s investigations involving the United States and its ally, Israel.
The pressure intensified after the ICC issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and his former defence minister, Yoav Gallant, over alleged war crimes and crimes against humanity linked to the Gaza conflict.
Reuters reported on Monday that the Trump administration was preparing broader sanctions against the ICC as part of efforts to weaken or isolate the institution. The proposed measures could affect the court’s access to the US-dominated financial system and its ability to work with organisations and businesses that have links with the United States.
Trump’s call at the UN therefore comes as Washington increases pressure on the court and seeks to persuade its member states to distance themselves from the institution.
The ICC has, however, continued to receive support from several member States. In August, the court’s president urged Japan to counter US pressure on ICC members to withdraw, according to Reuters.
Mustapha Usman is an investigative journalist with the International Centre for Investigative Reporting. You can easily reach him via: musman@icirnigeria.com. He tweets @UsmanMustapha_M