RECOGNIZING EMBEZZLEMENT OF PUBLIC FUNDS AS AN INTERNATIONAL CRIME UNDER THE INTERNATIONAL CRIMINAL COURT (ICC) STATUTE

Abstract

The Statute of Rome of the International Criminal Court (ICC Statute) rightly affirmed in its Preamble that “the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation.†These crimes of international character recognized by the Statute of Rome and other International Statutes are “the crime of genocideâ€, “war crimesâ€, “crime of aggression†and “crimes against humanityâ€. Apart from the “crimes against humanityâ€, others are generally marked by the use of physical force or violence and easily attract international attention. There are crimes especially under the “crimes against humanity†that their perpetrators need not use physical force or violence, yet their effects are very devastating and widely felt. They are often not accorded the status of international crimes and as such the perpetrators escape accountability for the crimes. Embezzlement of public funds is an instance of this class of crime. This paper argued that embezzlement of public funds qualifies as an international crime under the category of “crimes against humanity†within the International Criminal Court's (ICC) jurisdiction. The Nigerian experience, where such crimes are treated with a kid’s glove, would be used to illustrate the role of ICC among others in making the perpetrators accountable. This paper recommended that Nigeria cooperate more with the international community in combating the impunity of embezzlement of public funds and other international crimes by making these crimes their due status as international crimes. This cooperation includes domesticating the ICC Statute ratified by Nigeria and amending the Nigerian Constitution to align with Nigerian international obligations.