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This post provides an insight into the conflict between the Nigeria armed forces and boko haram, with the ultimate aim of determining the legal regime applicable to the conflict. Classifying the situation of extreme violence between the parties is of great importance because of its operational and legal implications.
International humanitarian law provides for two types of conflict namely International armed conflict ( Geneva Conventions ) and non- international armed conflict ( Article 3 common to the Geneva conventions and Additional Protocol II ) . This conflict situations are guided by different law regimes . The Geneva conventions is explicit about the situations that amount to an International armed conflict, and this conflict exist when two or more states are involved in armed confrontation, whilst on the other hand, the provisions of the common article 3 was silent on the parties to the conflict. This omission unfortunately has caused so many challenges in practice. However, the jurisprudence of the international tribunal in Tadic case has noted that a non – international armed conflict exists between a state and a non – state group otherwise known as organized armed group. Furthermore, the trial chamber of the same tribunal further highlighted two elements for the identification of a non – international armed conflict namely organization of the parties and intensity of the conflict.
Importantly, the parties to the conflict in Nigeria namely- Nigeria armed force and Boko haram respectively meets the organization requirement. Although, there is a presumption in law of the organization of a state – Nigeria armed forces in this instance, and the Boko- Haram also qualifies as an organized armed group. To further determine if the violence between the parties meets the elements test of intensity. The armed confrontation between the parties has resulted in loss of lives and has caused a lot of material damage in the north- eastern part of Nigeria. The Human right watch estimates that a total of 2.2 million people have been displaced as a result of the conflict. undoubtedly, the situation in the north – eastern part of Nigeria meets the threshold of a non – international armed conflict.
The implication of this classification is that the parties to the conflict are bound by the provisions of common article 3 which states that basic humanitarian principles must be applied and respected in all conflict. No doubt, the conflict between the Nigeria Armed forces and Boko – Haram has affected the lives of civilians in the north- eastern part of Nigeria. This is due to the flagrant abuse of the law by the parties, most especially by the Boko – haram members being an Islamist group which adopts acts of terrorism in most conflicts. This post calls for the protection of the civilians and its object from military attacks by the parties in line with the obligations imposed by the Geneva Conventions regulating non – international armed conflict.
Ayodele Ojedokun LL. B (OAU), BL (Yenogoa), LL.M (Pretoria)
Doctoral Candidate,
Faculty of Law,
University of Pretoria.
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