THE COMPARATIVE ANALYSIS OF BOKO HARAM INSURGENCY AND INTERNATIONAL HUMANITARIAN LAW RULES IN NIGERIA: AN ANALYSIS

ABSTRACT

The armed conflict in North-Eastern part of Nigeria fated back in 2009 when the Islamist insurgent movement of Jama’atu Sunnah LidaAwali Wali Jihad popularly called Boko Haram waged a violent campaign against the Nigerian State. The Nigerian Security Forces reacted by taking the war to this sect in order to defence the country’s territorial Integrity and for the protection of its citizens against internal aggression through counterinsurgency strategies. The conflict has subsequently spread and intensified in dimension as a result of different factors. The project centered the work based on one of the type of Armed conflict which is the Non-International Armed Conflict (NIAC). The project equally Highlighted how Boko Haram as a terrorist organization never follows any international rule of engagement, yet the military are blamed for violating IHL rules. The project argued that there are total of eight breaches of the Rome statute, bothering on war crime and crime against humanity, committed by the parties to the conflict. The project opined that six of those breaches were carried out by Boko Haram organization, while two were by the Nigerian Security Forces. This long essay is simply an analysis of the war against Boko Haram and compliance to International Humanitarian Law, specifically as the project is limited to Non-International Armed Conflict(NIAC). This research is based on analytical and doctrinal research methodology.

 

CHAPTER ONE GENERAL INTRODUCTION

1.1.0. Background of Study

Boko Haram began as a local Islamic extremist Salafist organization known as (jamaatul ahl as-sunnah lid Da’wah wal jihad), but after 2009, it morphed into a jihadist-Salafist organization. Their beliefs are primarily based on the return of Islam’s authentic message. It is critical to highlight that they are a Sunni Muslim sect branch. Boko Haram was created in 2002 by Muhammad Yusuf, a Yobe State-born Muslim cleric, with its headquarters in Maiduguri, Borno State^[1]. Boko Haram is hostile not only to interactions with Western countries that contradict its teachings, but also to Christians, Muslims, and government institutions in general. It’s not unreasonable to believe that Boko Haram is just anti-establishment, with the only purpose of spreading their distorted vision of so-called Islam^[2]. However, in order to achieve their goals, they first battled for the implementation of Shariah Law in the state of Borno, under the leadership of Senator Ali Modu Sheriff as governor. Following the assassination of their founder, their focus shifted to the islamization of the entire country. It’s worth noting that Boko Haram declared war on Nigeria after the assassination of their leader Muhammad Yusuf on July 30, 2009. The group will subsequently carry out massive and horrifying attacks that will shock humanity’s conscience³.

These unrelenting attacks resulted in unfathomable fatalities and the displacement of tens of thousands of people. The Nigerian Security Forces, on the other hand, often pursued a policy of vengeance in response to the sect’s indiscriminate killings, destruction, and absolute madness. There have been reports of mass murders and property devastation by Boko Haram members, sympathizers, and innocent civilians, who are frequently erroneously targeted by security forces. Nigerian armed soldiers have violated international humanitarian law in a number of ways.^[3]. This includes activities such as war crimes and crimes against humanity. Several extra-judicial executions of suspected Boko Haram militants and sympathizers have allegedly been carried out by the Nigerian military. Arrests are frequently made arbitrarily, and most of the time they are made on the basis of no reasonable suspicion or without appropriate investigation. There have been several instances of police and security forces torturing people and treating them inhumanely.Boko Haram sect and the Nigerian Security forces have continued to commit war crimes and crimes against humanity in North-Eastern Nigeria. They have both committed various violations of International Humanitarian Law and must be held to account for some in order to fight impunity^[4].

1.2.0. Statement of Problem

Without a question, both Boko Haram and the Nigerian army have committed varying levels of horrific crimes in violation of international humanitarian law. This raises the question of what tools a nation state has to protect itself in the absence of international law. The United States declined to sell weaponry and ammunition to the Nigerian military during the Goodluck Ebele Jonathan administration. However, many continue to blame the government for failing to combat the Boko Haram insurgency.

It is important to realize that Boko Haram is a terrorist organization that does not adhere to any international rules of engagement. They receive more prominence, however, since they are frequently restrained from taking forceful action, which would result in a back clash from both domestic and international human rights advocates. As a result, they must proceed with caution in their attempt to resolve an internal disagreement of this sort. Since the end of World War II, there have been more cases of non-international armed conflicts reported around the world.

There are total of 8 breaches committed by the hostile parties out of which two were committed by the Nigerian Army and the other six were committed by the members of Boko Haram. To this effect, there is no real intention on the part of the Nigerian government to ensure that appropriate inquiry and prosecution are carried out in relation to the 8 different breaches of IHL laws that have occurred so far. There is also the issue of the North-Eastern states’ poor socio-economic status in general, and its youths in particular. As a result, a violent uprising has a ready tool. If the strength of a society’s youths is not properly directed, it will be used for bad causes instead. The illiterate (unemployed) almajiri’s are willing to kill, and destroy people and their properties for the sake of plate of food from a wealthy politicians.

1.3.0 Aim and Objectives

The aim of this research is to analyze the application of IHL in the fight against Boko Haram Insurgency in Nigeria. Accordingly, the research set out to achieve the following specific objectives:

1. To identify the International Humanitarian Law applicable in the fight against Boko Haram insurgency.
2. To analyze the level of compliance of the IHL rules by Nigerian armed forces and the Boko Haram members.
3. To suggest ways of ensuring better compliance to the rules of IHL.
4. The research work also tend to analyze the challenges of respecting the IHL rules in the fight against Boko Haram insurgency.

1.4.0 Scope of the Study

This research work is primarily focused on the war against Boko Haram and adherence to IHL rules in Nigeria . However, reference will be made to domestic laws and incidences in other jurisdictions for purpose of proper understanding. Due to the vast nature of this research work I would only restrict my findings to the North Eastern Nigeria.

1.5.0 Research Methodology

The research methodology I adopted is doctrinal approach in nature. since I only soft to describe the current status of variable or phenomenon. It is imperative to highlight that my data collection is observational in nature. The primary sources of materials for this research work is various treaties on IHL, that Nigeria is signatory to, 1999 constitution of the Federal Republic of Nigeria and case laws on the subject matter. I equally have talked to friends and relatives who are officers in the Nigerian army and sort their opinion on the subject matter. Additionally the secondary resources that i used for this work are mostly recent reports of abuse by Amnesty international on Nigerian military. I equally used various textbooks, internet Journals and newspaper articles.

1.6.0 Literature Review

Regardless of its reach into neighboring countries such as Niger, Cameroon, and Chad, the Boko Haram insurgency is classified as a non-international armed conflict (NIAC). Whether the armed conflict is international or non-international, the norms of International Law apply everywhere. However, when breaches arise in such a dispute, the Nation state has jurisdiction to investigate them. However, if they are unwilling or unable to bring perpetrators to justice, the Roman statute must be applied to redress such violations. It would be fair to say that the days of nation states violating human rights indiscriminately and hiding behind the guise of national sovereignty are long gone. Today, perpetrators on both sides would be held accountable for their actions and in-actions that resulted in violations of international humanitarian law through individual and command responsibility. However, over the course of my carrying out this research work, I reviewed the following text books:

Shaw, M.N^[5] . Discussed the intertwined nature of armed conflicts in general, and successfully distinguished between a Non-International and an International Armed Conflict. Does it make a conflict international if a country B provides rebel groups operating in a neighboring country A, regardless of the conflict’s international dimension? It is therefore critical to emphasize that for a domestic uprising with little assistance from other forces to escalate into an international military conflict, the external force must intervene directly or in a broad sense. It’s important to note that practically every type of NIAC has one or more external sponsors.

Sassoli, M^[6] addressed themes concerning international and non-international armed conflict. However, whenever the writer references non-international armed conflict in the course of my study, I will bring up the Boko Haram insurgency. The author highlighted a significant distinction between non-international and international military warfare. He cited a few examples in which an insurgency spanning two countries is still a non-international armed conflict as long as the two sovereign nations are not at war.

De Rever, C^[7] admitted that the police’s primary role is to preserve domestic security, whereas the army’s is to oppose exterior assault. However, the author acknowledges that the military being called in to help quiet internal aggression by rebel, insurgent, or terrorist groups within a country’s territory does not make the war an NIAC. The nature of the fight must be prolonged or sustained, and the rebel must have a command structure to wage a long-term struggle against state security forces.

Ladan, M.T^[8] reaffirmed the importance of IHL in reducing human suffering during wartime. It referred to the multiple Geneva Conventions and protocols that established the importance of protecting the weak, injured, and defenseless during wartime. However, the focus of this research is on the Nigerian Army’s response to Boko Haram crises. The research will also consider the level of compliance of Boko Haram to IHL rules.

1.7.0 Organization Layout

This research work has precisely been categorized into five chapters as it is the tradition for research of this university (Baze University). the following are the breakdown of the chapters:

Chapter one: this chapter contained the General Introduction and other preliminary issues like the research problems, the aims and the objectives also with the literature review.

Chapter two : in this chapter I discussed the history of International Humanitarian Law. In discussing this, I focused on Non-International armed conflict so as to apply to the Boko Haram insurgency in particular

Chapter three: in this chapter I discussed the history of Boko Haram in the North Eastern part of Nigeria, together with the various atrocities they committed in various part of the country

Chapter Four: I equally discussed on the Breaches of IHL rules by the parties to the conflict, I also look out for reason in order for ICC to intervene.

Chapter Five: in this chapter I summarized my findings, give my thoughtful recommendation and drew a conclusion to the research work.

1.8.0 Justification

As a result, I believe that, upon completion of this long essay research project, my results will be of great use to:

• Non-governmental organizations (NGO’s), legal practitioners, and researchers who, as a result of recommendations, will compel the parties to follow the regulations.
• The general public gain a thorough grasp of the dangers of continuing to wage war in North East Nigeria, as well as the consequences for the country and the globe at large. This is because to the ease with which terror may be transported from one region of the world to another as a result of globalization.
• The Nigerian judiciary to fulfill its basic responsibility as the last line of defense for the common man. The ICC would have jurisdiction to intervene if the Nigerian government refused or was unable to bring violators of IHL rules to justice. Due to the fact that we must rely on the International Body for the protection of our own citizens, this would surely make us a laughingstock among the nations.
• The Nigerian army has a reputation worth protecting, given their excellent ratings and esteem for their efforts in peacekeeping and peace enforcement missions around the world. The fact that they cannot follow the rules of engagement and are equally unable to deal forcefully with a terror group operating in their own country is astonishing. (e) Policy makers and researchers in the area of IHL

[1] Cook D, The Rise of Boko Haram in Okorie H, Combating Boko Haram Insurgency in Nigeria: The imperative of Adopting the Mechanism of the Rule of Law, Ife Journal International and Comparative law (Vol I No.2), July – December 2014, 374.

[2] Ibid. ³ Ibid.

[3] Amnesty International, “Stars on their Shoulders, Blood on their Hands”. War Crimes Committed by the Nigerian Military. 3 June 2016 (AFR 44/1657/2016) available from https://www.annestyorglen/documents/afr44/1657/2016/en >accessed on 3^rd September, 2021.

[4] Ibid.

[5] Shaw, M.N. (2003) International law, (5^th ed) Cambridge University Press, London , P.1054

[6] Sassoli, M. (2006, March), Transnational armed group and International Humanitarian Law, Occasional Paper Series at Program on Humanitarian Policy and Conflict Research, Harvard University, pp8-9. www.icrc.org >accessed 3^rd September, 2021.

[7] C. de Rover (2005) To serve and protect, Human Rights and Humanitarian Law for Police and Security forces ICRC, pp. 116-117.

[8] Ladan, M.T. (2007) Material and Cases in Public International law, Ahmadu Bello University Press, Zaria, Kaduna state, Nigeria, pp. 200-210.

THE COMPARATIVE ANALYSIS OF BOKO HARAM INSURGENCY AND INTERNATIONAL HUMANITARIAN LAW RULES IN NIGERIA: AN ANALYSIS

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