Jihad Misplaced for Terrorism: An Overview of the Boko Haram Crisis from Islamic and International Humanitarian Law Perspectives

Abstract

AbstractThe Boko Haram mayhem has not only become a national disaster for the Nigerian state but has gradually metamorphosed into what has now become almost a regional catastrophe. It has been argued though that Boko Haram embraced terrorist activities as a result of the gross socio-economic injustice and unfairness that has painfully become so endemic in Nigeria. The situation becomes more of a concern when people hide behind religious doctrine to perpetrate gruesome and nefarious acts. Should activities be structured around terrorism under the pretext that one is embarking on Islamic and mandatory acts of jihad? This question continuously agitates the minds of Muslims and some non-Muslims alike. This chapter will examine the activities of Boko Haram within the perimeters of Islamic law (the legal system which Boko Haram ostensibly seeks to establish in Northern Nigeria) and international humanitarian law with a view to assessing the compatibility or otherwise of Boko Haram’s activities with the two legal regimes. This chapter also examines whether Boko Haram can genuinely claim any justification for its activities by relying on the principles of jihad under the Islamic law of armed conflict. The chapter further examines the propriety of prosecuting the leadership of Boko Haram for war crimes and crimes against humanity before the International Criminal Court (ICC) as opposed to Nigerian courts.KeywordsInternational humanitarian lawIslamic lawTerrorismJihadInternational lawBoko Haram