Does the violence between Boko Haram and Nigerian security forces amount to a non-international armed conflict?
As the increasingly horrifying tit-for-tat of violence between Boko Haram and Nigerian security forces continues to escalate, one cannot help but wonder whether the situation in northern Nigeria has now reached the threshold of a non-international armed conflict. A recent report from the Office of the Prosecutor of the ICC finds that it does but the Nigerian Minister of Information seems to be insisting that it does not.
While in November 2012, I argued on this blog that the violence between Boko Haram and the Nigerian government did not reach the threshold of a non-international armed conflict, the recent pattern of violence in Nigeria indicates that the ICC’s OTP might now be right.
ICC OTP states there is a non-international armed conflict
In its 2013 Report on Preliminary Examination Activities published last week, the ICC’s OTP states that, in its opinion, the ongoing confrontations between Nigerian security forces and Boko Haram has now reached the threshold of a non-international armed conflict.
Most of the news is on the situation in CAR:-
CAR: UN Security Council approves new security force (see herefor UN resolution).
The Yearbook of International Humanitarian Law 2012 is now available as an ebook and in hardcover. The two main issues that it covers are (i) cyber warfare and (ii) child soldiers and the ICC Lubanga judgement. Its table of contents is as follows:-
Part I The Tallinn Manual on the International Law Applicable to Cyber Warfare
1 The Tallinn Manual and International Cyber Security Law - Wolff Heintschel von Heinegg
2 The Tallinn Manual on the International Law Applicable to Cyber Warfare: A Commentary on Chapter II – The Use of Force - Nicholas Tsagourias
3 Law in the Virtual Battlespace: The Tallin Manual and the Jus in Bello - Rain Liivoja and Tim McCormack
Part II Child Soldiers and the Lubanga case
4 Between Consolidation and Innovation: The International Criminal Court’s Trial Chamber Judgment in the Lubanga Case -Sylvain Vité
5 The Effects of the Lubanga Case on Understanding and Preventing Child Soldiering - Mark A. Drumbl
6 Sexual Violence Against Children on the Battleﬁeld as a Crime of Using Child Soldiers: Square Pegs in Round Holes and Missed Opportunities in Lubanga - Joe Tan
Part III Other Articles
7 The Duty to Investigate Civilian Casualties During Armed Conﬂict and Its Implementation in Practice- Alon Margalit
8 Year in Review 2012 - Christophe Paulussen and Jessica Dorsey