Last week the office of the Attorney General of the federation and minister of justice and office of National Security Adviser organised an international seminar on the observance of human rights and international humanitarian law norms in internal security operations. Jibrin Baba Ndace reports
Jean Henry Dunet, a swiss businessman and social activist, who is regarded as father of international humanitarian law and the inspiration behind International Committee of the Red Cross (ICRC), left for the world an enduring legacy on the need for nation states to fight humane wars.
Dunet’s pontification was hinged on the need for respect for ‘persons taking no active part in hostilities, including members of the armed forces who have laid down their arms and those placed ‘hors de combat’ by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other such criteria.
Dunet’s ideas which were as a result of what he witnessed at the battle of Solferino on the evening of 24 June 1859, was precursor to 1864 Geneva Convention. What Dunet witnessed was “twenty –three thousand wounded, dying and dead remained on the battle field , and there appeared to be little attempt to provide care”.
Over the years, concern about respects for combatants and non combatants, rules of engagement have become a global concern with nation states being signatory to the Geneva Convention. Nigeria being signatory to these conventions have also be concern about rules of engagements during combats, especially internal security operations. Based on this, the office of the attorney general of the federation and minister of justice and office of the national security adviser organised an international seminar on the imperatives of the observance of human rights and international humanitarian law norms in internal security operation.
The seminar which has as its theme: ‘engendering greater understanding of the legal underpinnings of internal security operations brought together experts from both local and international defence and security circles, critical stakeholders from paramilitary organisations, relevant ministries, departments and agencies, academia and the media.
And for two days, various papers were presented and discussed by experts in various fields, participants listened to shared experiences of some countries. There were also discussion about how to combat terrorism and all forms of tension in Nigeria.
In his opening remarks, President Goodluck Jonathan said the seminar was critical, apt and relevant considering that it seek to ensure that Internal security operations in Nigeria is done within the confines of international laws.
Jonathan while commending the theme of the seminar: “Engendering Greater Understanding of the Legal Underpinning of Internal Security Operations”, said the seminar, meant to ensure that the efforts to tackle the security challenges in the country are carried out within the confine of the laws “is apt, most critical and relevant”.
“This seminar comes at the most appropriate time given the degree of security threat facing our country and it is imperative for us to effectively address the threat within lawful and acceptable international norms,’’ he said.
The President noted that because of the brutal nature the Boko haram carried out its attacks, it was impossible to rule out infractions by the military.
The President added that government had been guided by a commitment that any allegation of human rights abuses and non adherent to applicable rules of engagement by the military are appropriately addressed.
Jonathan said he had directed the Chief of Defence Staff and the Service Chiefs to ensure that relevant human rights and international humanitarian norms are emphasised in the training of members of the armed forces.
The President again admonished the armed forces to act within a high sense of responsibility and avoid any criminality in the discharge of their duties.
“We are faced with the challenge of dealing with a group that does not feel oblige to observe the basic tenets of human rights and humanitarian precepts in their modus operandi.The group is so brutal and so remote from modern civilization, killing innocent people at will.”
“To effectively address these challenges, government have had to frequently deploy the military and other security service in maintaining law and order and restoring normalcy.However, such interventions sometimes evoke concern on account of perceived collateral damage that may be associated with intense military operations.”
“As the Commander-in-Chief, I am particularly concern about the manner in which the men and women of the armed forces discharge their responsibilities, inspite of the daunting pressure. I will like to reaffirm our commitment to ensure that the military at all time adhere to the rules of engagements”, he said.
President Jonathan also used the event to renew his call on the members of Boko Haram to embrace dialogue. He offered the olive branch to the members of the sect, stating that his administration is still open for constructive dialogue with them in a bid to end insurgency in some part of the North East.
President Jonathan called on members of the boko haram sect, to lay down their arms and table their grievances, if any, before government.
But he added that while waiting for the response from the sect, the military operations in the troubled areas would continue to safeguard lives and property.
“Our administration has committed tremendous resources and adapted a several approaches to prosecuting the fight against terror in Nigeria.
“The declaration of a state of emergency in Adamawa, Borno and Yobe States is one of the measures taken to contain the activities of the terrorists.
“The National Committee on Peace and Dialogue in the Northern parts of the country was constituted to explore ways of dialoguing with the boko haram sect with a view to addressing their grievances, if any.
“I wish to use this platform to renew my previous call to members of the sect to lay down their arms and engage government in a constructive manner in order to address their grievances, if truly they have any reason to do what they are doing.”
“However, while we are awaiting a positive response from the book haram sect, it is important to note that government has the responsibility to protect the lives and property of our citizens.No efforts will be spared by this administration in discharging that responsibility,” he said.
In his speech, the Attorney General of the Federation (AGF) and Minister of Justice, Mohammed Adoke, said the considerable efforts of government had been made possible through the prosecution of members of the sect under the Terrorism Prevention Act, 2011 as amended in 2013.
Adoke commended the roles of members of the armed forces and other law enforcement agencies in containing terrorism and other related crises in the country.
Adoke said the seminar was to sensitise the participants, particularly members of the armed forces, to comply with relevant human rights and international humanitarian laws and norms during internal security operations.
He noted that while the military had been effective in maintaining law and order and restoring normalcy to many crises areas in the country, the intervention sometimes attracts negative reactions from affected communities on accounts of loss of lives and alleged use of excessive force.
Adoke recalled the incidence in Odi in Bayelsa State and Zaki Biam in Benue State both in 2001 where the country was awarded damages in billions of Naira by the International Criminal Court (ICC)
“Allegations of human rights abuses and non-adherence to applicable rules of engagement leveled against those involved in quelling crises coupled with adverse reports from human rights advocates have tended to put the country on the spotlight in the international community.”
“The sad events that occurred in Odi, in Bayelsa State in 2001 and Zaki Biam in Benue State, also in 2001 led to the award of damages against the Federal Government.
The Court awarded the sum of N37 billion against the FG in respect of Odi incident and the sum of N42 billion for the Zaki Biam incident, which was later negotiated to N8 billion.”
The unpleasant consequences of the extra-judicial killing of Mallam Yusuf Mohammed, leader of the book haram sect in Borno State in 2009, still reverberate in the polity despite the N100 million compensation that the courts ordered government to pay to the deceased’s family.
The point being made is that government can ill-afford to bear these huge financial liabilities in the face of increasing responsibilities and dwindling resources,’’ he said.
Adoke also made reference to the criticism that trailed the deployment of troops to the trouble North East States and the Baga incidence in Borno State.
He said the civil disturbances in the central in Kaduna, Plateau, the militancy in the Niger Delta and the terrorist activities of the boko haram sect have been under preliminary analysis by the ICC.
“The prosecutor’s report of August 5, 2013, established that the Boko Haram sect was carrying out crimes against humanity as prescribed under Article 7 of the Rome Statute of the ICC, particularly murder and persecution. The prosecutor has since proceeded to the admissibility stage of determining whether Nigeria is `willing and able’ to prosecute the perpetrators of these crimes,’’ he said.
Adoke therefore declared that government will continue to take steps necessary at discharging its primary responsibilities of ensuring the security and welfare of the people.
He charged members of the armed forces and other security agencies to ensure that they discharge their duties within the confine of the laws and norms.
“As AGF, I am particularly concerned about the way and manner members of the armed forces discharge their responsibilities within the context of our current security challenges. I wish to re-affirm Government’s determination to hold members of the armed forces, as well as, other security forces to the highest professional and ethical standards.
“They must adhere strictly to applicable rules of engagements and eschew act of impunity.I am pleased to observe that relevant human rights and international humanitarian law norms are mainstreamed in your curriculum and training manuals.“
“I therefore wish to caution that any member of the armed forces found wanting in the observance of applicable rules of engagement during internal security operations would be held accountable. Military authorities should therefore ensure their officers and men are appropriately sensitized to ensure compliance,’’ he said.
The AGF enjoined the military high command to take steps to further institutionalise the norms of civil engagement in all their operations to avoid unpleasant consequences.
In welcome address, the National Security Adviser, Col. Sambo Dasuki rtd said the Nigerian Armed Forces are engaged in internal operations in 32 States.
He said the seminar was design to sensitise participants on the imperative of observing human rights abuses in the course of operations. “the seminar was designed to sensitise the armed forces and other security agencies to comply with rules of engagement.”
Dasuki commended the President for the various initiatives and the deployment of adequate resources to address internal security challenges.
He said Nigerian was duty-bound the laws, but also punish the perpetrators.
Papers presented at the seminar include, Accountability for international crimes: the roles of the International Criminal Court, by Chief Prosecutor, Office of the Trial Prosecutor, ICC, Mrs Fatou Bensouda; the application of international humanitarian law in non-international armed conflicts: issues and challenges by Mr Zoran Joranovic, Head Mission, International Committee of the Red Cross (ICRC), Abuja and Regional Legal Adviser ( ICRC) Abidjan; application of rules of engagement in internal security operations: the role of commanders by Brigadier Philip McEvoy, International Humanitarian Institute, Rome, Italy; and treatment of victims and other vulnerable groups during conflicts situation: responsibility of field commanders by Professor Ayo Atsenuwa, Faculty of Law, University of Lagos.
Other papers include criminal/ command responsibility for crimes committed during internal conflicts by Dr A. S. Shaaka, faculty of law, University of Jos; General principles of criminal responsibility for international crimes by Charles Adeogun-Philips; the observance of human rights norms during internal conflicts and tensions by Professor Ben Agwe, Executive Secretary, National Human Rights Commission, Abuja and Terrorism as an internal security challenges: Country perspectives.
In his closing remarks, the Chief of Defence Staff (CDS), Air Chief Marshal Alex Badeh said the seminar was timely because it came at a period when Nigerian Armed Forces are involved in internal security operations in various part of the country.
