APPRAISAL OF THE CHALLENGES OF IMPLEMENTATION AND ENFORCEMENT OF INTERNATIONAL HUMANITARIAN LAW RULES IN NIGERIA BOTH IN TIMES OF PEACE AND WAR

Abstract

International humanitarian law is one of the oldest branches of international law, a complex and diverse area of law, covering matters such as the treatment of civilians in times of hostilities, permissible means and methods of conducting hostilities as well as the rules of international humanitarian law vis-à-vis implementation, enforcement and accountability. Sadly, when these IHL rules are violated or ignored they often result in brutal and inhuman treatment. This study identified fundamental issues which largely inhibit the effectiveness of enforcement and implementation of IHL in conflict, like lack of political will on the side of the government, challenges of disciplined and trained security forces, and the issue of weak and ineffective institutions like the judiciary. The study’s object point to the fact that the unwillingness of the Nigeria authority in enforcing international humanitarian law has led to several breaches of the rules of IHL during the armed conflict including the targeting of civilians and civilian objects, acts of torture, rape and other forms of sexual violence, the casualness of governments towards proper investigation and prosecution of alleged perpetrators of crime. The study concludes that the changing nature of warfare particularly in non-international armed conflict in the recent past is significantly undermining the efficacy of IHL. The study further recommends amongst others that society be educated about the rules of armed conflict and that violators of the rules be brought to light so that people are held accountable for their actions or inactions.