International Law and Non-State Armed Groups: Developing a Legal Framework for Engagement, Accountability, and Transition in Nigeria

This dissertation develops an original legal framework for the engagement, accountability, and potential transition of non-state armed groups (NSAGs) under international law, with specific application to armed groups operating in Nigeria including Boko Haram affiliates, armed bandits in the North West, and various armed separatist formations. International law primarily addresses states as its subjects, yet NSAGs are among the most consequential actors in contemporary conflicts, raising fundamental questions about their legal status, binding obligations, and the conditions under which they might transition to legal political actors. Drawing on international humanitarian law, international criminal law, and transitional justice theory, this research develops a NSAG legal status framework that maps the spectrum of legal obligations applicable to different categories of armed groups in non-international armed conflict, the accountability mechanisms available for NSAG crimes, and the legal conditions for armed group transitions to peaceful political participation. It fills a critical gap in the literature by developing the first comprehensive NSAG legal framework grounded specifically in African and Nigerian conflict dynamics rather than primarily Middle Eastern or South Asian cases. The dissertation empirically analyses the normative conduct of major armed groups in Nigeria against applicable IHL standards, applying the proposed framework to assess legal status and accountability obligations. Original contributions include the NSAG legal status framework, an accountability mechanism matrix, and a legal transition roadmap for Nigerian armed groups. Findings indicate that differentiated legal engagement with NSAGs offers better accountability outcomes than blanket proscription. Keywords: non-state armed groups, IHL, accountability, transitional justice, Nigeria.