Human Rights Obligations of Non-State Armed Groups in Nigeria: A Theoretical and Empirical Analysis

📖 ABSTRACT/OVERVIEW

This research conducts a theoretical and empirical analysis of the human rights obligations of non-state armed groups (NSAGs) operating in Nigeria, including Boko Haram, ISWAP, bandit groups in Northwest Nigeria, and separatist-aligned armed actors in the Southeast. The question of whether NSAGs bear direct human rights obligations under international law remains contested in scholarship, and the Nigerian context presents complex empirical terrain for evaluating competing theoretical positions. The study engages with the emerging scholarship on NSAG accountability in international humanitarian law and international human rights law, drawing on the work of Andrew Clapham and the Geneva Academy's RULAC project. The theoretical framework is tested empirically through systematic analysis of documented NSAG conduct in Nigeria against the standards of Common Article 3 of the Geneva Conventions, the Additional Protocols, and customary international humanitarian law norms regarding distinction, proportionality, and precaution. Primary empirical data are drawn from ACLED's conflict dataset, UN Secretary-General annual reports on children and armed conflict, and Amnesty International incident documentation. Findings reveal consistent patterns of civilian targeting, hostage-taking, sexual violence, and recruitment of child soldiers by all identified NSAGs, with accountability mechanisms absent at both domestic and international levels. The study argues for a graduated obligations model for NSAGs anchored in degree of territorial control and organizational structure. Keywords: non-state armed groups, human rights obligations, IHL, Nigeria, armed conflict.

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Departments# Human Rights Law