Conflict-Related Sexual Violence in the North-East Nigeria: Strengthening Legal Responses

Abstract

AbstractThe Boko Haram insurgency has become a ruthless force. They operate specifically in the North-Eastern States of Nigeria such as Adamawa, Borno and Yobe, and neighbouring countries. Due to the intensity of the force and the organisational structure, it has taken the status of an armed conflict of non-international character. The group engages in conflict-related sexual violence as women and girls are being abducted, kidnapped and subjected to rape, sexual slavery, forced marriage, forced pregnancy, enforced disappearance and other acts of sexual violence. Many of the returnees are suffering from psycho-social trauma and continue to face alienation and stigmatisation from their communities which make reintegration a dilemma. In 2017, some members of the group were prosecuted but none was charged or prosecuted for the above offences. The 2019 Preliminary Activities of the International Criminal Court (ICC) Report in Nigeria noted that Boko Haram had committed crimes against humanity. The Rome Statute confers the ICC jurisdiction over international crimes. Nigeria is a signatory to the Statute and proposed a Bill in 2012. Hence, there is an urgent need to domesticate the Rome Statute to provide an enforceable legal framework. This chapter analyses the Nigerian Crime Against Humanity, War Crimes, Genocide and Related Offences Bill 2012 against the backdrop of the ICC interpretation, drawing inferences from notable judicial decisions and identifits gaps with some of the provisions. It suggests adjustment to these provisions for effective prosecution of the insurgents and proffers holistic responses accommodating survivors and communities.KeywordsConflict-related sexual violenceNorth EastNigeriaLegalResponses