Customary International Law and Nigeria’s Obligations to Prevent Atrocity Crimes: Doctrinal and Empirical Perspectives

This research investigates Nigeria's obligations under customary international law to prevent and respond to atrocity crimes, including genocide, crimes against humanity, and war crimes, examining both doctrinal obligations and empirical evidence of compliance in the context of ongoing internal security crises. The Responsibility to Protect (R2P) doctrine and the Rome Statute of the International Criminal Court provide the analytical framework, alongside Nigeria's domestic constitutional and criminal law provisions. The study employs a dual doctrinal and empirical methodology, analyzing Nigeria's engagement with the International Criminal Court's preliminary examination into alleged crimes in Nigeria, UN Human Rights Council Universal Periodic Review records, and the domestic prosecutorial record on atrocity-related offences. Comparative analysis of how Rwanda, Uganda, and Kenya have domesticated atrocity crime prevention obligations informs the normative benchmarking component. Findings reveal that while Nigeria has engaged nominally with international accountability mechanisms, domestic criminal accountability for large-scale violence perpetrated by both state and non-state actors remains negligible, suggesting a significant compliance deficit. The study identifies gaps in the domestication of the Rome Statute, weak witness protection laws, and insufficient capacity in the office of the Attorney General as primary barriers to accountability. Recommendations include enactment of an Atrocities and War Crimes Act, establishment of a specialized accountability tribunal, and formal domestication of the Rome Statute. Keywords: atrocity crimes, customary international law, R2P, ICC, Nigeria.