AN APPRAISAL OF THE CRIME OF GENOCIDE IN INTERNATIONAL LAW: A CASE STUDY OF ITS APPLICABILITY TO SOME INCIDENCES IN NIGERIA


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TABLE OF CONTENT

Title Page
Table of Cases
Table of Statutes
List of Abbreviations
Abstract
Table of Content

Chapter One
GENERAL INTRODUCTION
1.1       Background of the Research
1.2       Statement of Problems
1.3       Aim and objectives of the Research
1.4       Justification of the Research
1.5       Scope of the Research
1.6       Research Methodology
1.7       Literature Review
1.8       Organizational Layout

Chapter Two
CONCEPTUAL CLARIFICATIONS, ORIGIN AND NATURE OF GENOCIDE
2.1       Introduction
2.2       Conceptual Clarifications
2.2.1    Crime
2.2.2    Genocide
2.2.2.1 Founders View
2.2.2.2 Treaty Law Perspective
2.2.2.3 Case Law Perspective
2.2.24  View of Scholars
2.3       Origin and Criminalization of genocide
2.3.1    Origin of Genocide
2.3.2    Criminalization of Genocide
2.4       Nature of Genocide
2.4.1    Typology of Genocide
2.4.1.1 Classification Based on Protected Groups
2.4.1.2 Classification Based on Character of the Act
2.4.2    Stages of Genocide
2.5       Element of Genocide
2.5.1    Physical Element (Actus reus)
2.5.1.1. Killing
2.5.1.2 Causing Serious Bodily or Mental Harm
2.5.1.3 Deliberately Inflicting on the group Conditions of Life Calculated to bring about its physical Destruction in whole or in part
2.5.1.4 Imposing Measures Intended to Prevent Birth
2.5.1.5 Forcibly Transferring Children
2.5.2    Mental Element
2.6       Inchoate Offences in Genocide
2.6.1    Conspiracy to Commit Genocide
2.6.2    Incitement to Genocide
2.6.3    Attempt to Commit Genocide
2.6.4    Complicity in Genocide
2.7       Conclusion

Chapter Three
INTERNATIONAL LEGAL REGIMES FOR COMBATING THE CRIME OF GENOCIDE
3.1       Introduction
3.2       Legal Regime for Combating the Crime of Genocide
3.2.1    Convention for the Prevention and Punishment of the crime of Genocide, 1948
3.2.2    Statute of International Criminal Tribunal for Former Yugoslavia (SICTY)
3.2.3    Statute of International Criminal Tribunal for Rwanda (SICTR)
3.2.4    Statute of International Court of Justice (SICJ)
3.2.5    Selected Cases on Genocide Decided under SICJ
3.2.6    Statute of International Criminal Court (SICC)
3.3       Conclusion

Chapter Four
AN ASSESSMENT OF SELECTED NIGERIA CONFLICT IN THE CONTEXT OF GENOCIDE                             
4.1       Introduction
4.2       Nigerian Civil War (1967 – 1970)
4.2.1    Background to the Nigerian Civil War
4.2.2    The Question of Genocide
4.2.2.1 Nature of the War
4.2.2.2 The Law of Genocide
4.2.3    Resolving the Question of Genocide
4.2.3.1 Protected Group
4.2.3.2 Physical Element
4.2.3.3 Mental Element
4.3       The Odi Massacare
4.3.1    The Odi People
4.3.2    Background of Odi Massacre
4.3.3    Nature of Odi Massacre
4.3.4    The Question of Genocide
4.3.4.1 The Law of Genocide
4.3.4.2 Resolving the Question of Genocide in Odi Massacre
4.4       The Zaki-Biam Massacre
4.4.1    The People of Zaki-Biam
4.4.2    Background of the Zaki-Biam Massacre
4.4.3    Nature of Zaki-Biam Massacre
4.4.4.   The Question of Genocide
4.4.4.1 The Law of Genocide
4.4.4.2 Resolving the Question of Genocide in Zaki-Biam Masscre
4.5       Boko Haram Insurgency and Counter Insurgency
4.5.1    General Overview
4.5.2    Boko Haram‟s Origin
4.5.3    Nature of Insurgency
4.5.4    Nature of Counter Insurgency
4.5.4.1 Extrajudicial Killings by JTF
4.5.4.2 Rape
4.5.4.3 Stealing/Beating
4.5.4.4 Wrongful Detention
4.5.4.5 Torture
4.5.4.6 Death in Custody of JTF
4.5.4.7 Baga Episode
4.5.5    The Question of Genocide
4.5.5.1 The Law of Genocide
4.5.5.2 The Insurgency and Counter Insurgency in the Light of Genocide
4.5.5    Impact of Insurgency and Counter Insurgency on Nigeria
4.6       Conclusion

Chapter Five
DOMESTIC IMPLEMENTATION OF THE LAW OF GENOCIDE IN NIGERIA
5.1       Introduction
5.2       Relationship between International Law and Domestic Law
5.2.1    Monism
5.2.2    Dualism
5.2.3    Nihilism
5.3       Application of International Instruments in Nigerian Domestic Courts
5.3.1    Application of Customary International Law
5.3.2    Application of Treaty Based Laws
5.3.2.1 Instruments not Ratified by Nigeria
5.3.2.2 Instruments Ratified by Nigeria but not Domesticated
5.3.2.3 Instrument Ratified and Domesticated by Nigeria
5.3.3    Treaty making and Implementation in Nigeria
5.4       The Place of Treaties in the Hiearchy of Legal Norms in Nigeria
5.5       Application of International Legal Instruments on Genocide in Nigeria
5.6       Constitution of the Federal Republic of Nigeria, 1999 (as amended)
5.7       Conclusion

Chapter Six
SUMMARY AND CONCLUSION
6.1       Summary
6.2       Findings
6.3       Recommendations
            Conclusion
            Bibliography



ABSTRACT

This dissertation entitled: „An Appraisal of the Crime of Genocide in International Law: A Case Study of Its Applicability to Some Incidences in Nigeria‟, explored the crime of genocide in international law, with particular focus on some Nigerian crises. Consequently, the dissertation from a general perspective is aimed at examining the problem of conceptualization of genocide as a crime in international law, with a critical insight on its definitive inadequacies, segregation on groups that could be victims of genocide and the existing legal and institutional regimes. This is with the objectives of assessing the constitutive elements of the crime of genocide as projected by relevant international instruments in a desperate search for an enduring conceptualization. Another objective of this research among others is to identify and locate the practical operative mechanism of the instruments on the subject matter; whether or not the laws have in practice addressed the re-occurring malignant tumor of genocide, if not, then, to explore the reasons for the failure of the existing instruments, generally, and with specific emphasis on the Nigeria situation. The research amongst other findings found that, the instruments on genocide did not adequately provide for all conceivable groups that ought to be protected. It was also found that, there exists no political commitment for the domestication of international instruments on genocide in Nigeria; the consequence of which is the non-existence or inadequate domestic platform for prosecution of genocide and other international crimes. It was also observed that Nigeria lack institutions for prevention of identity conflict that may lead to genocide, a reason which accounted for the use of combative military option rather than the early preventive techniques of stampeding the occurrence of genocide and similar conflicts. The research recommended for the review of the extant instruments on genocide in some grey areas identified. It also recommended for the domestication of the international legal instruments on genocide and other international crimes in Nigeria, and to establish institutions for genocide prevention and control amongst other recommendations. The doctrinal research methodology was predominantly relied upon, where sources materials like text books, journal articles, newspapers/magazine, reports, secondary source interviews and internet materials, formed the basis of the legal expositions contained in this research.




CHAPTER ONE

GENERAL INTRODUCTION

1.1              Background of the Research

Humanity is caught in a paradoxical epoch that is characterized by hope and great

yearning for peaceful co-existence amongst people, yet there are conflicts and possibilities of more explosive conflicts based on the mobilization of various identities and deterioration of relations at different level of identity divide.2 This deterioration of relations, which often spurs diverse crises, may be predicated on different divides, such as religious, racial, ethnic or national identity. Such crises on the basis of identifiable divides often degenerate to

“genocide” the worse crime known to humanity.3 Genocide has been commonly used particularly in political dialogue to describe atrocities of great diversity, magnitude and character.4 Yet the prospect of the term arising in policy making often imposes an intimidating break on effective responses to the calamity of the crime.5 The crime of genocide, has over the years, dug the steps of mankind, and aborted the age long conceived sanctity and dignity of man. It shook the conscience of Winston Churchill, yet eluding a description; Churchill thus, called the terrible horror he saw as “a crime without a name”6

Scholars have also described genocide as “the crime of crimes”....

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