ANALYSIS OF THE LEVEL OF COMPLIANCE AND ENFORCEMENT OF INTERNATIONAL HUMANITARIAN LAW RULES IN THE BOKO HARAM CONFLICT

In violations of International Humanitarian Law committed by both State and non-State parties, civilians are usually victims of armed conflicts. While the nature of states and their obligations under international law is well established, the implementation and enforcement of international law, is often difficult. This situation is especially true to IHL, where implementation and enforcement is often voluntary, and there are no obligatory means for dispute settlement or enforcement of the law. Consequently, more than 150 years after the adoption of the 1864 Geneva Convention, armed conflicts continue to cause tremendous suffering to humans and the environment. This suffering is particularly disconcerting because it could be avoided with compliance with the rules of IHL. Against the foregoing background, this paper analyses existing literature by reviewing books, reports, published articles, official documents, etc to understand Nigeria’s obligations under IHL with particular reference to the Nigerian Boko Haram conflict, even though the Federal Government continue to describe the conflict as an insurgency. Findings are made on challenges to the respect and enforcement of IHL rules by the Nigerian armed forces, and recommendation to the effect that in order to ensure that IHL continues to perform its protective function in situations of armed conflict, it is pertinent to respond to these challenges, not only legally, but also morally and politically.