The Law of Armed Conflict and Drone Warfare: Analysing Legal Accountability for Civilian Harm in Nigeria’s Military Operations

This study analyses the applicability of the law of armed conflict (LOAC) to unmanned aerial vehicle (drone) warfare in Nigeria's military operations against non-state armed groups in the North East and North West, focusing on legal accountability for civilian harm documented in recent military operations. Nigeria's military has utilised armed drones in counter-insurgency operations in Borno, Zamfara, and Kaduna States, resulting in documented incidents of civilian casualties that raise questions about compliance with the LOAC principles of distinction, proportionality, and precaution. Using an analytical legal methodology combining doctrinal analysis with systematic review of human rights documentation, UN reports, and Nigerian military communiqués, the research examines how existing LOAC rules apply to drone warfare in non-international armed conflict contexts and identifies accountability gaps in Nigeria's operational legal framework. It fills an identified gap in the literature on drones in African conflict contexts, which has been underexplored relative to US and Israeli drone programmes. The study evaluates Nigeria's status of forces agreements, rules of engagement applicable to drone operations, and the investigation mechanisms invoked following specific civilian harm incidents. Findings indicate an accountability vacuum in Nigeria's drone warfare programme, with investigations characterised by opacity and no successful prosecutions for unlawful killing in drone strikes. An original legal framework for civilian harm accountability in African counter-insurgency drone operations is proposed. Recommendations include mandatory civilian harm mitigation protocols, independent investigation of drone strikes, and legislative incorporation of LOAC drone warfare standards. Keywords: drone warfare, LOAC, civilian harm, North East Nigeria, accountability.