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| Killing (Bombing) Of 236 Citizens In Borno IDP Camp: Nigerian Government Has Breached The Geneva Conventions And Committed War Crimes |
(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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