(Intersociety, Onitsha Nigeria: 25th
January 2017)-Nigeria’s Government
grossly belated and reprobated ownership of the high death toll following its
Air Force wilful bombing of the Rann IDP Camp in Borno State, Northeast Nigeria
on 17th January 2017; is a clear case of commission of War Crimes
and violation of the UN Purposes and Principles and the Fundamental Rules of
the International Law and Humanitarian Principles- Emeka Umeagbalasi, Criminologist & Graduate of Security Studies
and Board Chair-Intersociety Nigeria.
Since August
2015, the Nigerian security forces or Armed Forces led by the Nigerian Army and
the Nigeria Police Force; joined by the Presidency, have continually
bastardized and corrupted the concept of the Rules of Engagement of the
Geneva Conventions or Laws of War of 1949 under the UN System. The bastardization
and corruption have been carried out by way of violent crackdowns on unarmed
and defenceless citizens engaging or agitating non-violently for their
constitutional, regional and international rights to religious and ethno-racial
self determination through night vigils and street or road processions,
matches, rallies and protests; other than armed rebellion or conflict. The mass
killings by Nigerian security forces following street rallies, processions and
protests by millions of unarmed citizens have been criminally labelled
“exercise of their military mandates under the Rules of Engagement”.
Again, since
late May 2015 till date, the present sixth civilian central Government in
Nigeria has steadily and grossly threatened and undermined the nobility and
aristocracy of civil government and reduced same to government founded on falsehood,
rascality and gangsterism. Expressions and explanations of government
policies and conducts have been mired in confusion, misdirection, criminal
spinning, misrepresentation, executive recklessness and rascality; to the
extent that out of every five executive explanations or statements made on major
issues of public concerns, four are founded on falsehood or untruth till date.
It is recalled
that the Nigerian Armed Forces particularly the Nigerian Army and the Nigerian
Air Force have since 2009 engaged in counter insurgency operations against the
Boko Haram terrorists in the Northeast Nigeria with attendant gross rights
abuses. Camps for the internationally displaced persons (IDPs) were created and
clearly mapped and marked. Severally the Nigerian Military had claimed that it
was very mindful of civilian populations or settlements in its air attacks in
the area. In December 2016, the Army Chief, Lt Gen Tukur Buratai declared total
victory against Boko Haram terrorists and claimed that its stronghold and the
Sambisa Forest have been totally cleared of the terrorists. Hundreds of
arrested and held Boko Haram terror suspects have also been released as uninvolved
or repentant.
Shockingly, on
17th January 2017, strongly suspected government influenced news
broke out, claiming that “there was a mistake air bombing of an IDP camp in
Borno State claiming few lives and scores of injuries”. Some aid agencies most
likely under pressures from the Nigerian Government later disclosed that “54
citizens died including some aid workers with dozens of others injured”. Almost
a week later, the Chairman of Kala-Balge LGA of Borno State, where the wilful
bombing and killing took place; Babagana Malarima, courageously disclosed
publicly that “they buried 234 citizens excluding two that just died in
Maiduguri Hospital”. Over 90 others were critically injured; and barely two
days ago, the Presidency accepted the death toll figure as given by the LGA
Chairman.
Consequently, we
at International Society for Civil
Liberties and the Rule of Law see the wilful air strike and accompanying
killing of 236 defenceless and war traumatized citizens as nothing short of war crimes and gross breach of the Rules of Engagement under the UN System.
Till date, the Minister of Defence, National Security Adviser, Minister of
Interior, Chief of Air Staff, Chief of Defence Staff and Chief of Army Staff
are still hanging on to their official positions as if nothing has happened.
The Presidency, on its part, appears busy fighting to cover up the massacre and
no serious or credible international investigation has been carried out. The
international aid agencies working in the area particularly those that lost
scores of their staff in the wilful air strike have also done little or
nothing. It may likely be that they are under intense pressures from the
Presidency to shut up and cover up.
Technically and
expertly speaking, the modern journey to the enactment of the Laws of War or
Geneva Conventions under the present UN system started as far back as in 1864 when
the Swiss Government convened the first international conference in
Humanitarian Law, leading to the first Geneva Convention for the Amelioration
of the Conditions of the Wounded in Armies in the Field. The Laws of
War or Geneva Conventions simply mean the rules
guiding the conduct of the war, the war itself and its aftermath; violation
of same amounts to war crimes on genocide.
Preceding the
Laws of War or Geneva Conventions is the concept of Just War or why and how
wars are fought. The three main facets of the concept or theory of Just
War are: Jus Ad Bellum-justification and ground for going to war; Jus
In Bellum-ethical rules of conducts during the war such as ethical
standard expected of soldiers and other combatants in war time: i.e. rules of
engagement; and Jus Post Bellum-regulations of how wars are ended and
transition from war to peace. These were fully incorporated into the Geneva
Conventions by way of rules of engagement, legitimate use of force,
self defence and concept of non-military necessity.
Further, in
1929, the Geneva Conventions were reviewed and the treatment of prisoners of war
was added. In 1949, the Geneva Conventions increased to four with the addition
of the protection of civilians in time of war; in inter-State or international
conflict. In 1977, two additional Protocols were included in the Geneva
Conventions for the purpose of strengthening the protection of victims
of international or inter-State conflict; and addition of a new
protocol for the protection of civilians or non combatants in Intra State
or non international conflict (i.e. Boko Haram insurgency and its
counter insurgency operations in northeast Nigeria).
One of the
gravest violations of the Geneva Conventions or Laws of War is attack or fatal
bombing of civilian population or settlement in conflict affected areas by
warring parties particularly the host political territory and its armed forces.
This is also called “attacks on non military necessity”. It is expressly a
commission of war crimes with monumental legal consequences on the part of
the defaulting party. Mass killing of civilians who are unarmed and defenceless
in non war situation expressly amounts to crimes against humanity.
Nigeria as a leading UN Member-State from
Africa is morally and legally bound by the Principles of the United Nations;
which clearly states as follows: The principles of the UN are to save future
generations from war, reaffirm human rights, and establish equal rights for all
persons; in addition to promotion of justice, freedom, and social progress for
the peoples of all of its member states.
Nigeria is also
bound by the Customary International Law under UN System particularly
those that are inviolable by virtue of their principle of “substantial
uniformity by substantial number of States” or “Opinio Juris” (i.e. a general
belief binding on all Member-States that a non-treaty is legally binding on
States); and importantly, the principle of “Jus Cogens” (i.e. absolute rules of
general international law binding on UN Member-States for which no derogation
is permitted). These include prohibition on illegitimate use of force, genocide,
war crimes, and crimes against humanity, slavery, torture, etc.
We hereby call
for extensive international investigations into the air strike killing of 236
defenceless citizens on 17th January 2017 in Borno State, Northeast
Nigeria. We reject any form of “internal investigation” by the Federal
Government of Nigeria led by Retired Major Gen Muhammadu Buhari or any of its
military or civilian agencies. We consider such investigation, if any, as a
clear case of “being a judge in its own case”. Besides, the present Federal
Government of Nigeria grossly lacks moral standing to conduct any form of
investigation and if it is truly concerned over the wilful mass murder; then it
must sack as a matter of uttermost immidiacy the Chiefs of Air Staff, Defence Staff,
Army Staff, the National Security Adviser, the Minister of Interior and the
Minister of Defence.
We specifically
call on the United Nations Secretary General and the Security Council to rise
to the occasion by competently exercising their mandates in Article 24 of the
Chapter Five of the United Nations by ordering for extensive investigations
into the wilful mass murder. The authorities of the International Committee of
the Red Cross and the United Nations High Commissioner for Refugees are also
called upon to carry out similar extensive investigations into the mass murder
including the killing of scores of their aid workers. Nigerians also want to
know the age bracket, gender, ethnic and religious identities of the slain
defenceless citizens.
Signed:
Emeka Umeagbalasi, Board Chairman
International Society for Civil Liberties and the Rule
of Law (Intersociety)
Mobile Line: +2348174090052
Email: info@intersociety-ng.org
Website: www.intersociety-ng.org
Obianuju Joy Igboeli, Esq.
Head, Civil Liberties & Rule of Law Program
Mobile Line: +2348180771506
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