Prosecution of Core International Crimes in Internal Armed Conflicts and the Question of Accountability in Nigerian Domestic Courts

Abstract

Nigeria fought a civil war between 1967 and 1970, in which a disputed estimate of 6,000,000 civilian deaths were recorded. Since the end of the war, there was never any post–conflict justice. Instead the Gen. Gowon administration declared a “no victor, no vanquished’ policy and the post-war economic reconstruction commenced. From that period in history to date there have been allegations and counter allegations of war crimes now known as ‘crimes against humanity.’ The Asaba massacre left over 1500 dead by government troops with no accountability for crimes alleged to have been committed by both federal troops and the Biafran rebels. More recently, there are allegations of unlawful killing of civilians in the Boko Haram insurgency and herdsmen/farmers conflicts. In spite of the several internal armed conflicts that have taken place and that are still on-going, there has not been any accountability for Core International Crimes before any court of competent jurisdiction in Nigeria. As a matter of fact, there is no division of the Federal or State High Courts that is designated for the processing of war crimes charges. Inquiry into the reasons for lack of accountability for conflict generated Core International Crimes in Nigeria must inevitably lead into a critical examination of the legal framework for post-conflict justice in Nigeria, particularly as it relates to prosecution for the violation of the norms of war, violations of international humanitarian law (IHL), crimes against humanity, and genocide in internal armed conflicts.