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 charged with six counts of forced marriage, forced pregnancy, rape and sexual slavery in December 2023. This conviction greatly advanced accountability for such crimes and highlighted how SGBV has become an integral part of the operations ISWAP as a terrorist group. It was also a global first – 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 a variety of international partners, including the Country Office of UNODC in Nigeria. 2 out of 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 develop awareness and enhanced capacities to address the challenges of addressing sexual and gender-based violence in a way that is comprehensive, timely and in accordance with international human rights standards and the rule of law.

Recognizing the critical importance of both preventing and responding to acts of sexual violence in the context of the terrorist campaign in northeast Nigeria, the Federal Ministry of Justice (FMoJ), in collaboration with UNODC and Nigerian and international experts, has worked to mainstream gender . perspectives in its investigations and adopt innovative legal approaches to the prosecution of SGBV. Progress includes the establishment in 2021 of a SGBV Response Unit by the Federal Ministry of Justice to review laws and policies related to SGBV offenses and the appointment in 2022 by the Federal Capital Territory judiciary of six High Court judges to to preside over SGBV cases. , to ensure the protection of victims and the effective trial of such cases.

Last Friday, UNODC, in partnership 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, held a side event to mark the 15th anniversary. of the establishment of the mandate on sexual violence in conflict at the United Nations headquarters in New York. Titled “Turning the tide: Prosecuting SGBV crimes as a terrorist offense in Nigeria”, the event 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 Delegation of the European Union (EU) to the United Nations in New York and was attended by Ms. Stella Ronner-Grubačić, EU Ambassador for Gender and Diversity, who told the meeting that the European Union is deeply committed in supporting gender equality in counter-terrorism efforts and that ensuring accountability for terrorist violence – including acts of sexual and gender-based violence was a “critical” element of the EU’s approach to promoting international peace and security. The European Union has been a key and highly valued supporter of UNODC’s work in Nigeria.

The leader of the UN team of experts on conflict-related sexual violence, Ms. Chloe Marnay-Baszanger, also attended, representing the Special Representative of the Secretary-General, Ms. Pramila Patten. In her opening remarks, Ms. Marnay-Baszanger observed that “sexual and gender-based violence is an integral part of terrorist strategy, a tactic to instill fear and a method of supporting both funding and recruitment.” She added that this only served to underline the significance of the Suleiman Garba Mohammed case: “(This) is the first terrorism-related prosecution of SGBV in a country where terrorism occurs, by a local court, using local laws , 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 statements, congratulating Nigerian prosecutors on their success, commenting: “We commend the progress Nigeria has made in extending justice to victims. and survivors.” She also drew attention to the recent report published by CTED “Towards meaningful accountability for terrorism-related sexual and gender-based violence,” which directly addresses this topic, and 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 2019 of a Nigeria Training on the Gender Dimensions of Criminal Justice Responses to Terrorismwhich provided practical guidance for FMoJ officials as they shaped their approach to the prosecution of conflict-related sexual violence. She also hailed the groundbreaking nature of the Suleiman Garba Mohammed case, describing it as “a significant milestone in international efforts to advance accountability for SGBV through legal innovation” and noting that it “sends a strong message to potential perpetrators that such crimes will not be tolerated.” She added: “It also importantly recognizes the link that can exist between SGBV and terrorism, recognizes that acts of sexual violence can also be deliberate acts of political violence and that in Nigeria such acts have been committed as part of a deliberate campaign of violence against the Nigerian people”.

The side event culminated in a moderated conversation with two Nigerian experts who have played important roles in bringing terrorism-related sexual violence to justice: Mr. Matthew Odu Una, Head of the Complex Task Force Secretariat of the Federal Ministry of Justice in Nigeria, who led the indictment of Suleiman Garba Mohammed and Dr. Adejoké Babington-Ashaye, an international law expert and UN consultant who has been a central figure in training Nigerian prosecutors to handle such cases as part of UNODC’s capacity building efforts, Expert Team and the international NGO Wayamo and was 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 approached with a sense of urgency, knowing full well that “the longer it takes to bring the perpetrator to justice, the more impact it has on the survivor.” This only made them more determined and as Mr. Odu Una said: “Many times we were able to squeeze water from the rock and give the courtyards to drink.” An active, long-term member of ISWAP, Mohammed was eventually sentenced to a total of 345 years for his crimes.

Dr Babington-Ashaye noted that around the world, investigators and prosecutors working on conflict-related sexual violence face a “lack of resources and a lack of funds”, preventing the “effective prosecution of terrorism-related sexual offences”. She noted that this reflects a deeper reality that “counter-terrorism responses are still viewed through a very male lens, which does not see conflict-related sexual violence as a form of terrorism when it occurs in that context,” adding that “there is a need to address these notions of gender in the counter-terrorism sphere.”

All six speakers joined in calling on 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 acts of terrorism, and emphasized the importance of countries adopting a more victim-centred approach so that victims of sexual and gender-based violence finally receive both the support and justice to which they are greatly entitled.