Civilians in Counter-Insurgeny Operations in Nigeria (original) (raw)
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Nigeria has witnessed sustained and often co-ordinated attacks on innocent lives, valuable properties, government institutions, etc. by the Boko Haram sect since 2009. The iconoclastic and subversive activities of the sect has led to the deployment of the special Joint Task Force (JTF) comprising the military, police and intelligence personnel by the Nigerian government. Chapter Four of the 1999 Constitution of the Federal Republic of Nigeria, other laws established under it and several binding international human rights treaties clearly delineate the fundamental rights of the citizens. Ironically, these rights have come under severe abuse by members of the JTF drafted to restore public order in the terror-riddled states in northern Nigeria. This paper, therefore, analyzes the grossly under-reported role of the JTF, whose counter-insurgence operation in the preservation of national security largely contravenes the fundamental human rights of the citizens. Utilizing the Marxist theory of the state, the paper establishes that the counter-insurgence operation of the JTF is implicated in the wanton abuse of human rights in northern Nigeria. It concludes that the incidence of human rights violation in the region can only be eradicated through sustained rights advocacy and good governance.
Journal of Educational and Social Research, 2014
Nigeria has witnessed sustained and often co-ordinated attacks on innocent lives, valuable properties, government institutions, etc. by the Boko Haram sect since 2009. The iconoclastic and subversive activities of the sect has led to the deployment of the special Joint Task Force (JTF) comprising the military, police and intelligence personnel by the Nigerian government. Chapter Four of the 1999 Constitution of the Federal Republic of Nigeria, other laws established under it and several binding international human rights treaties clearly delineate the fundamental rights of the citizens. Ironically, these rights have come under severe abuse by members of the JTF drafted to restore public order in the terror-riddled states in northern Nigeria. This paper, therefore, analyzes the grossly under-reported role of the JTF, whose counter-insurgence operation in the preservation of national security largely contravenes the fundamental human rights of the citizens. Utilizing the Marxist theory of the state, the paper establishes that the counter-insurgence operation of the JTF is implicated in the wanton abuse of human rights in northern Nigeria. It concludes that the incidence of human rights violation in the region can only be eradicated through sustained rights advocacy and good governance.
Terrorism, Counter-Terrorism and International Humanitarian Law: The Case of Insurgency in Nigeria
International Humanitarian law focuses on minimizing disorder in any form of armed conflict and managing the resulting fall out of armed conflict. Terrorism is an aspect of armed conflict that exist both internationally and domestically (in form of insurgency sometimes) to disrupt the social, economic, legal development and wellbeing of the state and its citizens. It is generally agreed that terrorism is one of the most noteworthy threats to peace, security and stability as well as the enjoyment of human rights, social and economic development. Terrorism utilizes unlawful violence, weaponizing of fear and threat to compel state(s), government, society or social entity in furtherance of political, religious, economic, ideological goals. This work highlighted the international humanitarian law concepts of terrorism that encompasses insurgency, counter-terrorism means and mechanism, the issue of insurgency in Nigeria particularly Boko Haram and Biafra agitators' activities and find its causes to be poverty, illiteracy, unemployment, discrimination, political exclusion among others. This work recommended a sustained and continuous community-based dialogue and intelligent gathering, sustained, permanent social security programmes accessible to all; addressing the issue of poverty, education, unemployment etc. and collaboration between government, domestic and international agencies to proactively tackle the issue now and in the future among others.
2017
It is trite that before the rules of international humanitarian law can be applied to any conflict there must be in existence an armed conflict whether it is an internal armed conflict or an international armed conflict. This need to characterize a conflict is a sine qua-non for the operation of the law of armed conflict which is not left to the whims and caprices of state actors or armed groups but which has clear guidelines and thresholds which must be reached before an armed conflict can be said to exist as opposed to internal disturbances or other situations of violence not amounting to an armed conflict. The Nigerian state has been embroiled in a violent confrontation with the Boko-Haram sect and the question has arisen as to whether the confrontation amounts to an armed conflict. The initial attempt to downplay the conflict as an internal disturbance was intended to exclude the operation of the rules of international humanitarian law but following the characterization of the c...
ABSU Law Journal, 2018
Internal armed conflicts are today the more common mode of warfare and a growing concern for the international community to address. In this, the difficulty of addressing non-state armed groups has grown in salience and importance. Non-state armed groups are held by the international community as responsible for their actions pursuant to the rule and principles of international humanitarian law. Both Common Article 3 and Additional Protocol II to the Geneva Conventions of 1949 provide applicability to both parties to a conflict and are addressed in absolute terms. This work examines the notion of non-state armed group and the application of international humanitarian law in their bellicose enterprise. The work finally appraised the activities of Boko Haram in the armed conflict in the Northeast Nigeria and called for individual and command accountability over the myriad of serious violations committed by them in that armed conflict.
PROPORTIONALITY IN NIGERIA'S BATTLE AGAINST INSURGENCY
Proportionality in Nigeria’s Battle Against Insurgency , 2024
Proportionality mandates that harm caused to civilians and civilian property must be minimal in relation to an anticipated military advantage. In Nigeria, the fight against insurgency has necessitated military operations aimed at neutralizing insurgent threats and restoring peace and stability. However, these operations have often resulted in significant civilian casualties and the destruction of properties, thus raising serious concerns about compliance with the proportionality principle. This study examines the level of adherence of Nigeria's national security architecture to the spirit of International Humanitarian Law (IHL) in combatting all forms of insecurity in the state between 2013 and 2023. The study was exploratory in design as it made use of qualitative forms of data that were sourced from secondary information in textbooks, journals, newspapers, magazines, and reports that are available to observers of politics and international security. Data appropriated for the study were analysed using relational analysis of the quantitative methods. The study revealed that many of the collateral damages and disproportionate attacks incurred by the security agencies of the Nigerian state were not compensated for. The study also discovered that there are insufficient legal frameworks to protect or provide compensation for victims of such human and humanitarian rights violations. While a strong response to extremist threats is essential, Nigeria's strategies must adhere to proportionality to avoid disproportionate impacts on civilians and uphold the rule of law. The study recommended a call for appropriate stakeholders to aid the Nigerian government's competence in discharging its security mandate in a highly vulnerable polity.
Readings in Law and Contemporary Issues, 2018
During armed conflicts, civilians participate on different fronts. They bear the brunt of the outcome of the warfare as victims and on the other hand, as war-agents. The nature of contemporary warfare has made it functional that civilians are increasingly part of the exercise in all ramifications. For effectiveness of any armed conflict in terms of result, parties rely mostly on certain hi-tech weaponry, war-planes, digital soft wares and many more. These military mechanisms are mainly handled and manipulated by civilians. On a reverse side, casualties of armed conflicts are predominantly civilians. This work examines the concept of civilianization and relates it with the armed conflict between Boko Haram insurgents and the Nigerian federal forces to finding out the degree of civilianization outcomes in the conflict.
The dominant narrative of Boko Haram insurgency in Nigeria emphasis that the campaigns of terror are products of human security/development crisis in the affected region. The insurgency and the efforts to end them are therefore framed as state-centric security concerns and responses: economic, political, diplomatic, legal and policing measures with most emphasise on the military. In this process, the threats that the insurgency constituted to human security and the counterinsurgency (COIN) from below are overlooked, underestimated and misplaced. Civilian's vigilance and resistance against Boko Haram in Nigeria was significant between 2003 and 2009 and subsequently in COIN, most especially since the advent of Civilian Joint Task Force (CJTF) in 2013. This study examines the common ground for state and human securities, and how civilian vigilance and resistance constitute COIN from below against Boko Haram.
Journal of African Law, 2015
This article seeks to examine the paradox of Boko Haram terrorism and Nigeria's counter-terrorism efforts, personified by the Joint Task Force (JTF). While posing the challenge of human rights abuses by the JTF in its counter-Boko Haram operations, the article contends that, whereas the terrorists' activities violate the rights of victims, the JTF's actions have also resulted in significant human rights abuses against innocent civilians. It argues that, despite Nigeria's obligations under the plenitude of international human rights treaties, non-domestication of these treaties by Nigeria has rendered them insignificant. The article therefore recommends alternative approaches to this challenge. Nigeria should domesticate the catalogue of international human rights instruments to which it has acceded, enact rules of engagement for law enforcement operations by security forces, develop a counter-terrorism strategy that is subject to robust engagement with all stakeholde...