The International Criminal Court (ICC) has assigned a confidential request seeking an investigation into alleged systemic kidnappings in Nigeria as crimes against humanity to Pre-Trial Chamber II.
The decision, dated August 26, 2026, was issued by Judge Iulia Antoanella Motoc, acting as President of the ICC’s Pre-Trial Division.
The request, titled “Formal Communication Requesting Investigation into Systemic Kidnappings in Nigeria as Crimes Against Humanity,” asks the Pre-Trial Chamber to exercise judicial oversight and consider or review measures relating to what it describes as an epidemic of systemic and large-scale kidnappings in Nigeria.
The identity of the individual or organisation that submitted the request has not been disclosed, and the underlying communication remains confidential.
Judge Motoc assigned the matter to Pre-Trial Chamber II pursuant to Regulation 46(3) of the Regulations of the Court. Under the regulation, when a matter that does not relate to an existing situation already assigned to a Pre-Trial Chamber is brought before the Pre-Trial Division, its president may assign it to a chamber after determining that it falls within the chamber’s competence and is not manifestly frivolous.
The assignment, however, does not mean that the ICC has opened an investigation into kidnappings in Nigeria or determined that the alleged incidents amount to crimes against humanity.
The court has not identified any suspect, issued an arrest warrant or made any finding against the Nigerian government or its officials.
Judge Motoc also stated that the assignment was made without prejudice to whatever decision Pre-Trial Chamber II may subsequently reach on the request.
The chamber is expected to consider whether the request was submitted in accordance with the applicable procedures under the Rome Statute and whether the allegations fall within the court’s jurisdiction.
While kidnapping is not expressly listed as a separate crime against humanity under Article 7 of the Rome Statute, conduct involving abduction and prolonged captivity may, depending on the evidence, constitute imprisonment or another severe deprivation of physical liberty.
Other crimes allegedly committed against abducted persons, including murder, torture, rape, sexual slavery, enforced disappearance and other inhumane acts, may also fall within the ICC’s jurisdiction.
For such conduct to constitute crimes against humanity, however, it must form part of a widespread or systematic attack directed against a civilian population and be carried out pursuant to, or in furtherance of, a state or organisational policy.
The chamber would therefore have to determine whether the kidnappings described in the request form part of a coordinated attack or instead constitute separate criminal acts committed by unrelated armed groups, criminal gangs or other offenders.
Nigeria has experienced repeated mass abductions targeting schools, religious institutions, communities and travellers, particularly across parts of the North-West and North-Central regions.
The latest development comes against the background of the ICC prosecutor’s earlier examination of alleged crimes committed by Boko Haram and Nigerian security forces.
In 2020, the Office of the Prosecutor concluded that the statutory criteria for opening an investigation into the situation in Nigeria had been met. However, judicial authorisation for a formal investigation was not sought.
In March 2026, the ICC prosecutor’s office signed a memorandum of understanding with Nigeria and decided to strengthen domestic accountability under the principle of complementarity. The principle gives national courts primary responsibility for investigating and prosecuting international crimes.
Pre-Trial Chamber II will now determine how the fresh request should be treated and whether any further judicial action is legally permissible.