Principle of distinction in asymmetric armed conflict : a case study of the conflict in Northern Nigeria

Abstract

The conflict in Northern Nigeria has been a devastating conflict that has resulted in the death of innocent civilians and destruction of civilian objects. The asymmetric strategies employed by Boko Haram such as guerrilla warfare, suicide attacks, acts of terrorism and population-centric warfare have blurred the distinction between combatants and civilians. This has created a terrain that is difficult to distinguish civilians who are taking a direct part in the hostilities from civilians who are not taking an active part in the conflict. As a result, thousands of innocent civilians were killed and civilian objects worth millions of Nigerian Naira were destroyed. Thus, this research examines and analyses the nature of the conflict in Northern Nigeria with a view to ascertaining whether the situation has reached the legal threshold for an armed conflict, which triggers the application of IHL. The research further examines whether the parties involved in the conflict have observed their respective obligations of distinguishing between combatants and civilians, and whether the failure of the parties to respect the principle of distinction amounts to serious violations of IHL. Multiple methodologies are employed in order to carry out the research effectively. The research uses doctrinal methodology in order to appraise the position of the principles law. It uses comparative methodology in trying to examine whether Boko Haram has been respecting Islamic rules of warfare since the group claims to be an Islamic sect. Case study methodology is also used in order to fit in the argument and observations of the research to the facts of the conflict in Northern Nigeria. The research findings show that the conflict in Northern Nigeria has reached the required legal threshold for an armed conflict, which prompts the application of IHL. It further reveals that the parties involved in the conflict have failed to observe the basic principles of IHL and the armed group has in addition, failed to observe the Islamic rules of warfare. The failure of parties to the armed conflict to comply with the fundamental norms of IHL particularly principle of distinction amounts core international crimes. The research suggested that since the conflict in Northern Nigeria has reached the required legal threshold for an armed conflict, IHL applies and the parties thereto should respect their obligations in terms of civilian protection by distinguishing combatants from civilians.