155 © Springer International Publishing AG, part of Springer Nature 2018
J.-M. Iyi, H. Strydom (eds.), Boko Haram and International Law,
https://doi.org/10.1007/978-3-319-74957-0_8
Chapter 8
Calibrating the Legal Obligations
in the Ongoing Non-international Armed
Confict in Nigeria
Elijah Oluwatoyin Okebukola
8.1 Introduction
The present Boko Haram confict re-echoes some of the social and legal problems
that arose during the Nigerian civil war of 1967–1970 (the Civil War). It would
therefore appear that legal scholars, commentators and, above all, persons involved
in the confict can be guided by reference to legal documents and guidelines infu-
enced by facts and actions from the Civil War.
1
In reality, however, the present
confict is different in certain factual particulars. These factual differences make it
impossible to apply the legal conclusions from the Civil War to the Boko Haram
confict. Given that both sides to the confict have been accused of violating their
legal obligations,
2
it becomes imperative to ascertain what the law requires from the
persons taking part in the confict. In this regard, this paper does not seek to address
all the principles of law relevant in a confict of this nature. Rather, it seeks to iden-
tify responsibilities that arise from the peculiar facts of the Boko Haram confict.
For this purpose, the paper frst of all considers whether the Boko Haram confict
is an international armed confict or a non-international armed confict. This exer-
cise is important because of the involvement of other States in the confict and the
extraterritorial activities of Boko Haram. Next, the paper considers some of the
legal consequences of the facts that the Civilian Joint Task Force (CJTF) is involved
in the Boko Haram confict, bordering States are participating, the confict is of an
asymmetrical nature and it deeply involves non-military law enforcement authori-
ties. These are radical factual differences between the Civil War and the Boko
Haram confict. The paper concludes that notwithstanding aspects of the law that
require additional work and clarifcation, the multiple actors in the Boko Haram
1
Such guidelines will include the National Defence Policy.
2
An accusation the Government has denied but Boko Haram has embraced.
E. O. Okebukola (*)
Public and International Law, Nasarawa State University, Keff, Nigeria