Accountability for Sexual Violence in Armed Conflict in Northeast Nigeria: Legal Pathways and Institutional Barriers

📖 ABSTRACT/OVERVIEW

This research analyzes the legal pathways and institutional barriers to accountability for sexual violence committed during armed conflict in Northeast Nigeria, assessing the adequacy of both international and domestic mechanisms in delivering justice for survivors. Sexual violence as a weapon of war has been extensively documented in the Northeast Nigeria insurgency, including mass rape, forced marriage, and sexual enslavement attributed to Boko Haram and ISWAP, as well as allegations of sexual violence by Nigerian security forces. Despite the gravity of these violations, prosecution and conviction rates remain negligible. The study draws on international criminal law, including Rome Statute definitions of sexual violence as crimes against humanity and war crimes, alongside Nigeria's Terrorism Prevention Act and the ACJA. An empirical methodology is employed, analyzing available prosecution records, survivor testimonies gathered through civil society partner organizations, and interviews with specialized prosecutors, international criminal law experts, and survivor advocacy groups. Findings identify multiple compounding institutional barriers: inadequate specialized investigation capacity, widespread survivor re-traumatization in courtroom proceedings, witness protection failures, and judicial unfamiliarity with complex international criminal law sexual violence standards. The study proposes a hybrid prosecutorial model combining international expert engagement with Nigeria's Federal High Court jurisdiction for conflict-related sexual violence cases. Recommendations include mandatory trauma-informed prosecutorial training, witness protection legislation, and dedicated sexual and gender-based violence prosecution units. Keywords: sexual violence, armed conflict, accountability, Northeast Nigeria, international criminal law.

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Departments# Human Rights Law