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Protection of Civilians and Civilian Objects in Non-International Armed Conflict (Case Study of Boko Haram and Islamic State of West Africa (ISWAP) Conflicts in Nigeria)

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Civilians and civilian objects have been the primary victims of armed conflict since time immemorial. In times of war, civilians are subjects of attack. They have often been violated and subjected to ills such as killings, molestation, rape, abduction, arbitrary arrest and detention, torture, and forceful recruitment as fighters. Civilian objects such as hospitals, shelters, places of worship, amongst others, are not left out from the calamities of armed conflicts. The aftermath of armed conflicts is often the destruction of these civilian objects making them wholly unsuitable. This study assessed the state of protection accorded to civilians and civilian objects in Nigeria during armed conflicts, particularly as it involves Boko Haram and ISWAP, two terrorist organizations in Nigeria with like objectives. This study also identifies and analyzes the relevant international humanitarian laws available for protecting civilians and civilian objects, focusing on those ratified by Nigeria, including assessing the level of compliance with those International Humanitarian laws by all parties to the conflict. This research work employed both descriptive and qualitative approaches in its methodology. Data for the compilation was mainly obtained from secondary sources such as books, reports, newspapers, and articles while using a thematic approach to analyze the stated facts. The primary data in this work was mainly treaties applicable to Non-International Armed Conflict (NIAC) ratified by Nigeria, which includes the Geneva Conventions, Additional Protocols to the Geneva Conventions of 1949, the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, Customary International laws, and case laws. The study concluded that the right of civilians and civilian objects have, over the course of the various conflicts in Nigeria been violated. It also employs data from numerous real-life case studies. It considers the legal constraints in the Constitution of the Federal Republic of Nigeria and the insufficient and unproductive enforcement mechanisms, which essentially amounts to the poor enforcement of International Humanitarian Law concerning armed conflicts in Nigeria. Finally, recommendations were made to ensure domestication of all international humanitarian laws applicable to the protection of civilians and civilian objects and also to strengthen the several enforcement mechanisms that exist to ensure proper application of International Humanitarian laws in Nigeria.
Elsevier BV
Title: Protection of Civilians and Civilian Objects in Non-International Armed Conflict (Case Study of Boko Haram and Islamic State of West Africa (ISWAP) Conflicts in Nigeria)
Description:
Civilians and civilian objects have been the primary victims of armed conflict since time immemorial.
In times of war, civilians are subjects of attack.
They have often been violated and subjected to ills such as killings, molestation, rape, abduction, arbitrary arrest and detention, torture, and forceful recruitment as fighters.
Civilian objects such as hospitals, shelters, places of worship, amongst others, are not left out from the calamities of armed conflicts.
The aftermath of armed conflicts is often the destruction of these civilian objects making them wholly unsuitable.
This study assessed the state of protection accorded to civilians and civilian objects in Nigeria during armed conflicts, particularly as it involves Boko Haram and ISWAP, two terrorist organizations in Nigeria with like objectives.
This study also identifies and analyzes the relevant international humanitarian laws available for protecting civilians and civilian objects, focusing on those ratified by Nigeria, including assessing the level of compliance with those International Humanitarian laws by all parties to the conflict.
This research work employed both descriptive and qualitative approaches in its methodology.
Data for the compilation was mainly obtained from secondary sources such as books, reports, newspapers, and articles while using a thematic approach to analyze the stated facts.
The primary data in this work was mainly treaties applicable to Non-International Armed Conflict (NIAC) ratified by Nigeria, which includes the Geneva Conventions, Additional Protocols to the Geneva Conventions of 1949, the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, Customary International laws, and case laws.
The study concluded that the right of civilians and civilian objects have, over the course of the various conflicts in Nigeria been violated.
It also employs data from numerous real-life case studies.
It considers the legal constraints in the Constitution of the Federal Republic of Nigeria and the insufficient and unproductive enforcement mechanisms, which essentially amounts to the poor enforcement of International Humanitarian Law concerning armed conflicts in Nigeria.
Finally, recommendations were made to ensure domestication of all international humanitarian laws applicable to the protection of civilians and civilian objects and also to strengthen the several enforcement mechanisms that exist to ensure proper application of International Humanitarian laws in Nigeria.

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