A CONSIDERATION OF ARMED CONFLICTS IN THE NIGER DELTA UNDER THE PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW

Author: UFUOMA VERONICA AWHEFEADA

Abstract

The title of this thesis – A Consideration of Armed Conflicts in the Niger Delta under the Principles of International Humanitarian Law - is informed chiefly by the critical economic importance of the region to Nigeria. Like some other countries of the world, Nigeria is currently experiencing an upsurge in the number of internal armed conflicts it has to contend with. Between the years 2005 and 2009, the Niger Delta Region of Nigeria was embroiled in such violent internal armed confrontation between the Federal Government and several militant groups which sprang up in the region. This led to hundreds of civilian and other casualties, the destruction of properties, the sacking of entire communities as well as the displacement of hundreds of civilian population. This thesis undertakes an examination of the nature of the conflict that took place in the region under the principles of International Humanitarian Law regulating non-international armed conflict. This is done to buttress the case for the application of the principles of International Humanitarian Law in cases similar to that which took place in the Niger Delta Region. In carrying out this task, the doctrinal research method which involves research into law as a normative science is adopted. Relevant materials such as primary and secondary source materials including international legal instruments, relevant domestic legislations, relevant decisions of international and domestic courts and tribunals, proceedings of international commissions, UN documents, textbooks, articles in journals, materials from the internet as well as newspapers are referred to. Consequent upon the research carried out, it became apparent that neither the Federal Government nor the militant groups were aware of their obligations under International Humanitarian Law during the pendency of the conflict. This resulted in multiple and severe violations of the principles of this branch of law for which no single person has been made to account. Arising from the above observation and as a panacea to such impunity, this thesis recommends a harmonization of the extant rules of International Humanitarian Law governing such internal conflicts and also, the strengthening of the mechanisms of dissemination and enforcement of same. This work shows succinctly, that the conflict that took place in the Niger Delta region falls squarely within the ambit of International Humanitarian Law regulating internal armed conflicts.

Supervisors: Martin O.U. Gasiokwu and A.T. Akujobi