The Law of Armed Conflict and Counterterrorism Operations in North East Nigeria: A Legal Analysis

📖 ABSTRACT/OVERVIEW

The Boko Haram and ISWAP insurgency in North East Nigeria has generated one of Africa's most severe humanitarian crises and has required extensive military counterterrorism operations by the Nigerian Armed Forces and the Multinational Joint Task Force. The legal framework governing the conduct of these operations at the intersection of international humanitarian law, human rights law, and domestic counterterrorism legislation raises complex analytical questions. This research conducts a systematic legal analysis of the law of armed conflict as applicable to counterterrorism operations in North East Nigeria, examining the classification of the conflict, the rules governing targeting, detention, and treatment of captives, and accountability mechanisms for violations. A doctrinal and international law methodology was employed, drawing on relevant Geneva Convention provisions, ICRC commentaries, and the Terrorism (Prevention and Prohibition) Act 2022. Primary qualitative data was gathered through interviews with military lawyers, International Committee of the Red Cross Nigeria officials, and human rights documentation officers in Maiduguri. Secondary sources include UN Panel of Experts reports, Amnesty International and Human Rights Watch investigations from 2019 to 2024, and academic IHL scholarship. The study develops an original analytical framework for assessing IHL compliance in non-international armed conflicts within Nigeria's constitutional framework. Findings reveal significant accountability gaps and document specific patterns of conduct by security forces that raise serious IHL compliance concerns. Recommendations for domestic legal reform and international oversight mechanisms are advanced. Keywords: international humanitarian law, counterterrorism, Boko Haram, North East Nigeria, armed conflict.

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Departments# Law