Prosecuting Sexual and Gender-Based Crimes as Terrorism Crimes in Nigeria

In December 2023, Nigerian prosecutors charged a member of the Islamic State in West Africa Province (ISWAP) with committing Sexual and Gender-Based Violence (SGBV) as an act of terrorism. Suleiman Garba Mohammed was indicted in December 2023 on six charges related to forced marriage, forced pregnancy, rape and sexual slavery. This conviction greatly increased accountability for such crimes and highlighted how SGBV as a terrorist group had become an integral part of ISWAP operations. This was also a global first; It was the first time sexual and gender-based violence had been successfully prosecuted as an act of domestic terrorism anywhere in the world.

However, this conviction did not occur in a vacuum: it was the result of many years of efforts by the Nigerian government to strengthen the investigation and prosecution of SGBV cases, with the support of various international partners, including the UNODC Country Office. Nigeria. 2 in 3 women in northeastern Nigeria are believed to have experienced one or more forms of sexual and gender-based violence. Since 2013, UNODC has been providing technical assistance to the Government of the Federal Republic of Nigeria through tailored training and policy guidance to raise awareness and capacity to address the challenges of sexual and gender-based violence. comprehensive, timely and in line with international human rights standards and the rule of law.

Recognizing the vital importance of preventing and responding to acts of sexual violence in the context of the terrorist campaign in North-Eastern Nigeria, the Federal Ministry of Justice (FMoJ), in collaboration with UNODC and Nigerian and International experts, is working to integrate gender. to bring different perspectives to investigations and to adopt innovative legal approaches to the prosecution of sexual gender-based violence. Developments include the establishment of an SGBV Response Unit by the Federal Ministry of Justice in 2021 to review laws and policies on SGBV crimes, and the appointment of six Supreme Court judges to preside over SGBV cases by the Federal Capital Territory judiciary in 2022. To ensure the protection of victims and the effective resolution of such cases.

Last Friday, UNODC, together with the Counter-Terrorism Committee Executive Directorate (CTED) and the United Nations Team of Experts on the Rule of Law and Sexual Violence in Conflict, supported a side event on the margins of the 15th Anniversary Commemoration events. Establishment of mandate on Sexual Violence in Conflict at the United Nations Headquarters in New York. This event, titled “Back from the Future: Prosecuting SGBV crimes as terrorist crimes in Nigeria,” provided an opportunity to highlight Nigeria’s efforts to strengthen judicial responses to SGBV in the context of terrorism.

This side event was hosted by the European Union (EU) Delegation to the United Nations in New York and was attended by the EU Ambassador for Gender and Diversity, Ms. Stella Ronner-Grubačić. We are deeply committed to promoting gender equality in counter-terrorism efforts and ensuring accountability for terrorist violence, including acts of sexual and gender-based violence, is a “critical” element of the EU’s approach to promoting international peace and security. The European Union has been an important and invaluable supporter of UNODC’s work in Nigeria.

The meeting was also attended by Ms. Chloe Marnay-Baszanger, Team Leader of the UN Team of Experts on Conflict-Related Sexual Violence, representing the Special Representative of the Secretary-General, Ms. Pramila Patten. In her opening remarks, Ms. Marnay-Baszanger observed: “Sexual and gender-based violence is an integral part of the terrorist strategy, a fear-mongering tactic and a method that supports both financing and recruitment.” He added that this only serves to underline the importance of the Suleiman Garba Mohammed case: “(This) is the first terrorism-related investigation into SGBV using local law by a local court in a country where terrorism has occurred, resulting in the conviction of a male perpetrator.”

Ms. Natalia Gherman, Executive Director of the Counter-Terrorism Committee Executive Directorate (CTED), echoed Ms. Marnay-Baszanger’s words and congratulated Nigerian prosecutors on their success, commenting: “We appreciate the steps Nigeria has taken to bring justice to victims. and survivors.” He also drew attention to the recently published report of CTED:Towards Meaningful Accountability for Terrorism-Related Sexual and Gender-Based ViolenceAddressing this issue directly, it was stated that the UN Security Council has repeatedly “called for terrorists to be brought to justice.”

Ms. Delphine Schantz, Director of the UNODC Office in New York, highlighted UNODC’s development in Nigeria in 2019. Gender Dimensions of Criminal Justice Responses to Terrorism Training ModuleProviding practical guidance to FMoJ officials as they shape their approach to investigating conflict-related sexual violence. He also hailed the groundbreaking nature of the Suleiman Garba Mohammed case, describing it as “an important milestone in international efforts to increase accountability for SGBV through legal innovation,” adding that “it provides potential perpetrators with a signal that such crimes will be eradicated.” “It sends a strong message,” he said. must be tolerated.” He added: “This also significantly acknowledges the link that can exist between sexual violence and terrorism, recognizing that acts of sexual violence can also be deliberate acts of political violence and that in Nigeria such acts are committed as part of a deliberate campaign of violence .” Violence against the Nigerian people.”

The side event culminated in a moderated conversation with two Nigerian experts who have played a key role in bringing terrorism-related sexual violence to court: Mr. Matthew Odu Una, Head of the Complex Case Working Group Secretariat of the Nigerian Federal Ministry of Justice. Suleiman Garba led the Mohammed investigation and international law expert and UN advisor Dr. Adejoké Babington-Ashaye was a central figure in training Nigerian prosecutors to handle such cases as part of the UNODC Team’s capacity building efforts. Experts and international NGO Wayamo were also the lead author of the CTED report.

Mr. Odu Una spoke at length about the Suleiman Garba Mohammed case, detailing the challenges of gathering evidence in an active conflict zone, but patient investigation and out-of-the-box thinking helped prosecutors move the case forward. Prosecutors were driven by a sense of urgency, knowing full well that “the longer it takes to bring the perpetrator to justice, the greater the impact it will have on the victim.” This made them even more determined and, as Mr. Odu Una put it: “Many times we were able to extract water from the rock and give the court something to drink.” Muhammad, an active and long-term member of ISWAP, was ultimately sentenced to a total of 345 years in prison for his crimes.

Dr. Babington-Ashaye observed that investigators and prosecutors working on conflict-related sexual violence around the world find themselves grappling with a “lack of resources and a lack of funding,” hindering “the effective prosecution of terrorism-related sexual crimes.” This, he said, reflected a deeper truth that “counter-terrorism responses are still viewed from a very masculine perspective, which does not view conflict-related sexual violence as a form of terrorism”, adding: “These sexist concepts need to be addressed in the counter-terrorism field.”

All six speakers joined in calling for other countries to follow the lead of the Federal Government of Nigeria and make a greater global effort to prioritize the investigation of conflict-related sexual violence, including such crimes committed in the context of terrorist activity. The importance of countries adopting a more victim-centred approach so that victims of sexual and gender-based violence can finally receive the support and justice they deserve.