Calibrating the Legal Obligations in the Ongoing Non-international Armed Conflict in Nigeria

Abstract

At the moment, there are several areas and incidents of armed violence in Nigeria. However, the conflict between the State and the group(s) described as ‘Boko Haram’ appears to be the only ongoing conflict that has reached the threshold of a non-international armed conflict (NIAC). Indeed, the conflict is, at least, as intense and costly as the civil war in Nigeria from 1967 to 1970 (the Civil War). This paper starts by highlighting factual events relating to the Boko Haram conflict. This leads to the position that the Boko Haram conflict has reached the level of a NIAC. This status as a NIAC distinguishes the conflict from other ongoing conflicts in the country. Next, the paper identifies four peculiar factors that distinguish the Boko Haram conflict from the Civil War. The first is the active combat roles of State-recognised civilian groups described as the ‘Civilian JTF’. Second, the conflict involves cross-border elements, including participation of neighbouring States. Third, although the main theatre of armed conflict is northeastern Nigeria, the asymmetrical nature of the conflict as well as the direct attacks on locations outside the northeast expand the conflict beyond the northeast to the whole country. This raises the question as to the application of conduct of hostilities and law enforcement paradigms. Fourth, non-military law enforcement authorities of the State such as the police, Directorate of State Security, Immigration Service, Customs and Civil Defence Corps are directly involved in the conflict. In the light of these peculiar facts, this paper highlights some legal principles and practical actions that are relevant to the parties to the Boko Haram conflict.