On December 3, 2023, the Nigerian military drone airstrike killed civilians in Tudun Biri, a community in Igabi Local Government area of Kaduna State.
The Jurist Newspaper gathered that the victims of this airstrike included children and women, about 85 persons were reported dead while a number were missing during the incident.
Subsequently, during an interview on Channels TV the North-west zonal spokesperson of the National Emergency Management Agency (NEMA), Halima Suleiman, said 85 people were buried by locals following the attack.
She said 66 others were also said to sustain serious injuries.
The Nigerian military, which is a critical element of national defense is meant to ensure that the territorial integrity of the nation and internal security of the nation is assured.
However, over the years they have recorded accidental airstrikes that have claimed the lives of many Nigerians.
The Kaduna airstrike is just one of the few events that has taken innocent lives and caused pain in various families.
Accidental Airstrikes over the years
Over two years, amid the escalating challenges of terrorism in Nigeria, the Nigerian military has been implicated in grave violations of human rights and civilian casualties during their operations.
Over 300 civilians have been reported killed by the military airstrike in their attempt to fight insurgency in the country.
In January 2017, Medecins Sans Frontieres (MSF), also known as Doctors Without Borders, reported a tragic incident where a Nigerian fighter jet mistakenly bombed an internally displaced persons (IDP) camp in Rann, Borno State, resulting in the deaths of at least 52 people.
Fast forward to April 2022, another heartbreaking incident unfolded as six innocent children lost their lives when a Nigerian Air Force jet bombed their residence in Kurebe, Shiroro Local Government.
July 2022 witnessed another unfortunate event in the Kunkunna community of Safana Local Government, Katsina State, where at least six individuals fell victim to an Air Force jet targeting bandits, mirroring a similar pattern observed in Zamfara.
In December 2022, during military operations against non-state actors in the Dansadau District of Zamfara State, another airstrike claimed the lives of over 70 civilians, according to Umar Mutunji, the community leader of Mutunji.
These instances underscore a distressing pattern of civilian casualties and human rights violations amid the military’s efforts to counter security threats in Nigeria.
Human rights lawyer reacts
A lawyer and public affairs analyst Yahaya Yusuf, said the lack of proper surveillance by the Nigerian military is an act of incompetence and doesn’t respect the law that regulates operations during armed conflicts.
He said the act by the military “is purely not in sync with internal compliance regulations for operations. They are clear cases of violation of human rights. And up to now in almost all their operations, they don’t include human rights protection measures”
While noting that the terrorism act in the country needs urgent remedy, and is an event to which international law applies. He employs painstaking actions to save the lives of civilians.
He said “The issues of Boko Haram and banditry in Nigeria have reached the threshold that international law would be applied to it. That’s why even when the ICC prosecutor initiated an enquiry, it declared that it is an internal conflict/security issue”
He continued; “For instance, they are to, before they carry out any operation to undertake surveillance providing accurate data on the geolocation, civilians around and threats”
“The problem we have mostly is they don’t carry out the surveillance as required just assumptions. And after they hit the civilian population they don’t carry out proper data mapping to have the exact number of casualties, deaths, and destructions. They just issue press statements”
However, he advised the government to set up committees to see to the issue of infringement of the law by the military and ensure full compliance with the human rights laws.
“The government should set up a committee that would be responsible for ensuring full compliance with extant operational regulations with emphasis on human rights and protection of civilians. It can be coordinated by either the office of the NSA (National Security Agency) office of the Chief Defense Intelligence” he advised
Lastly, Mr Yusuf said the government should also invest more in educating the combatants and other intelligence institutions.
“And then invest more in intelligence gathering. Because there is no full-scale cooperation between the armed forces and other intelligence institutions. So having a harmonized intelligence platform is a problem most likely because of interagency rivalry”. He concluded
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Infringement of Right to life
The Right to life is a fundamental human right guaranteed in the 1999 constitution. In contravention to this law, the lives of over 300 persons have been terminated negligently by the Nigerian military.
Section 33 (1) of the Nigerian 1999 constitution provides that the human right to life must be respected and treated as fundamental by the government and every other institute.
33. (1) Every person has a right to life, and no one shall be deprived intentionally of his life.
The law stipulates that the right to life can only be deprived in the following circumstances:
- In the execution of a sentence of Court in respect of a criminal offence of which he has been found guilty in Nigeria.
- if he dies as a result of a force reasonably used from unlawful violence or for the defence of property;
- to effect a lawful arrest or to prevent the escape of a person lawfully detained; or,
- to suppressing a riot, insurrection or mutiny.
Section 217 and 218 of the constitution defines the roles and of the military and theirs constitutional obligations
Section 217 (2) (c) of the 1999 Constitution, along with Section 8 (1) and (3) of the Armed Forces Act, Laws of the Federation of Nigeria (LFN) 2004, outline the code of conduct and rules of engagement governing the armed forces in matters of internal security.
217(2) list out the purposes for the establishment of the armed forces among which are;
“Defend Nigeria from external aggression, Maintain territorial integrity and secure its borders from violation on land, sea or air and suppress insurrection and acting in aid of civil authorities to restore order.”
Principles applicable in Nigeria`s airstrikes
The Principle of Distinction: This emphasizes the need for the military to differentiate or separate civilians from combatants during wars, civilians’ property and the military.
Precautionary Measures: Parties must take feasible precautions to minimize harm to civilians and civilian objects. This includes choosing means and methods of warfare that minimize the risk of harm to non-combatants.
Human Rights Law: Even in internal conflicts, human rights law continues to apply. This includes the right to life and protection from arbitrary deprivation of life. The use of lethal force, including drone strikes, must comply with these rights.
Accordingly, the legality of drone strikes during internal conflicts can be intricate, and the interpretation and application of these laws may differ.
But, the principles of sovereignty and the consent of the affected state also play a role in determining the legality of military actions, including the use of drones, within a country’s borders.
Violations of these laws may lead to legal consequences and condemnation by the international community.
International conventions violated
In a bid to fight terrorism, The military has consistently violated the provisions of the international humanitarian Law as well as other Laws.
The International laws that seek to grapple with human rights violations during internal wars or armed conflicts mainly include the Geneva Conventions and their Additional Protocols, as well as customary international humanitarian law.
These legal frameworks are targeted to protect individuals not involved in war and affirm norms for the treatment of victims, prisoners of war, and civilians during armed conflicts.
Key elements of international law against human rights violations during internal wars include:
Geneva Conventions: These are a set of four treaties adopted between 1864 and 1949, with the common goal of safeguarding individuals who are not or are no longer participating in the hostilities.
They provide protection for wounded and sick soldiers on land and at sea, prisoners of war, and civilians.
Additional Protocols to the Geneva Conventions: Protocol I (1977) and Protocol II (1977) further expand the protections afforded by the Geneva Conventions.
Protocol I relates to international armed conflicts, while Protocol II focuses on armed conflicts, not of an international character, such as internal wars. These protocols reinforce the principles of humane treatment and protection of civilians.
International Humanitarian Law (IHL): IHL, also known as the law of war, encompasses both the Geneva Conventions and customary international law. It establishes principles and rules that apply to armed conflicts, including internal wars.
IHL emphasizes the protection of civilians, the wounded, and non-combatants and prohibits actions such as torture, inhumane treatment, and targeting civilians.
International Criminal Court (ICC): The ICC prosecutes individuals for the most serious crimes of international concern, including war crimes and crimes against humanity.
The Rome Statute, which established the ICC, provides a legal framework for holding individuals accountable for human rights violations during internal wars.