SOURCE:

Faculty: Law
Department: Law

CONTRIBUTORS:

Amana, A. R.
Arinze-Umeobi, C.

ABSTRACT:

It is argued that like those who commit genocide, insurgents are the common enemies of mankind, and where they carry out a widespread or systematic attack directed against any civilian population, they may be prosecuted for crimes against humanity. Crimes against humanity are particularly egregious offences which constitute a serious attack on human dignity or grave humiliation or a degradation of human beings. Since its formation in 2002, Boko Haram insurgents have launched a campaign of terror on Nigeria and neighbouring countries. In 2013, the U. S Department of State designated the sect as a Foreign Terrorist Organization. The Nigerian government has taken several measures to combat insurgency, including passing the Terrorism Prevention Act in 2011. However, counterinsurgency has drawn lots of criticisms, as it has led to the death of thousands of civilians in combat and post-combat situations. The problem investigated in this research is that both sides to the conflict have conducted operations with little or no regard for law. Although the conceptual problem of terrorism remains unresolved, the prime objective of the researcher is to investigate whether the atrocities perpetrated by insurgents and counterinsurgents amount to crimes against humanity, and thus may be tried by the International Criminal Court or a domestic court under the complementarity principle. It also investigates whether sub-state actors who are not operating in cahoots with governmental authorities can be prosecuted for these crimes, as this determination is crucial for the assumption of jurisdiction over insurgents for crimes against humanity. It is hoped that this research will be helpful in analyzing the maze of scholarly and jurisprudential ideas on the subject matter, and contribute to the debate on the possibility of prosecuting insurgents or terrorists for crimes against humanity. The lessons distilled from this research will be useful to everyone interested in crimes against humanity or terrorism studies. The research methodology is both doctrinal and analytical. Although the research focuses primarily on the activities of Boko Haram insurgents in Nigeria; an effort is made to analytically reflect on the relevant international instruments. The study finds that Boko Haram insurgents can be prosecuted for crimes against humanity for widespread or systematic attack against civilians. It also finds that counterinsurgency has resulted to grave human rights violations which meet the threshold requirements for crimes against humanity. The research recommends the domestication of the Statute of Rome so that insurgents as well as counter-insurgents can be appropriately sanctioned, given the gravity of their crimes. Furthermore, it suggests that the observance of human rights norms should be the defining feature of counterinsurgency in Nigeria.