Nigeria Warns Against Abuse of Universal Jurisdiction at UN
Nigeria has urged the United Nations to establish safeguards against the selective or politically motivated use of universal jurisdiction, while reaffirming its commitment to prosecuting serious international crimes.
Nigeria has cautioned against the selective application of universal jurisdiction, calling on the United Nations to establish safeguards to prevent powerful countries from using international criminal justice mechanisms to exert pressure on weaker states.
The warning was delivered during Nigeria’s intervention at a plenary meeting of the UN General Assembly’s Sixth Committee at the organisation’s headquarters in New York on Thursday.
The committee was considering the scope and application of universal jurisdiction, a legal principle that allows certain serious international crimes to be prosecuted in countries other than those where the alleged offences occurred.
Nigeria reaffirmed its commitment to ending impunity but maintained that the principle should be applied only in exceptional circumstances and within clearly defined limits under international law.
Nigeria’s representative, Mr Emmanuel Nweke, said universal jurisdiction should be treated as a last resort, particularly when countries directly connected to alleged crimes were unable or unwilling to prosecute them.
The delegation warned against stronger countries imposing their domestic legal systems on weaker nations through the principle. It also expressed concern over what it described as selective or politically motivated prosecutions, particularly those involving African officials.
According to the delegation, such practices could undermine the credibility of international criminal justice and weaken confidence in cooperation among sovereign states.
Nigeria recalled concerns that had prompted African countries to place the issue of universal jurisdiction on the UN General Assembly’s agenda, arguing that unresolved questions about its scope and application required internationally agreed safeguards.
Among its proposals, Nigeria called for the principle to be restricted to the gravest crimes whose international character is established under treaties or customary international law. It opposed allowing individual countries to expand the categories of offences covered by the principle unilaterally.
The country also proposed that a third state should exercise universal jurisdiction only when the state where the alleged offence occurred or the country of the accused person’s nationality was unable or unwilling to prosecute.
The delegation called for prior consultation with countries directly connected to alleged offences and argued that an accused person should be present in the prosecuting country before proceedings could be initiated.
Nigeria further opposed trials conducted in the absence of accused persons and urged safeguards against politically motivated cases. It proposed that decisions to initiate such proceedings should be handled by the highest prosecutorial authorities, with due process and fair-trial guarantees observed.
The delegation also stressed the need to distinguish universal jurisdiction from extradition obligations and the jurisdiction of international courts.
Nigeria cited its Constitution, the Geneva Conventions Act, terrorism legislation and mutual legal assistance arrangements as elements of its domestic framework for accountability.
As a party to the Rome Statute, the country reaffirmed its support for the principle of complementarity, under which national authorities retain primary responsibility for investigating and prosecuting crimes.
Nigeria maintained that efforts to combat impunity must be consistent with the sovereign equality of states, international cooperation and respect for established legal procedures.
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