"Since its foundation in
1999 Boko Haram has carried out numerous acts of violence on the territory of
Nigeria. The Office of the Prosecutor (OTP) of the International Criminal Court
(ICC) has been monitoring the violence between Boko Haram and Nigerian armed
forces as part of a preliminary investigation.
It has stated that there is reason to believe that Boko Haram is
responsible for war crimes and crimes against humanity and that the violence
between Boko Haram and the armed forces has reached the level of an armed
conflict of non-international character under international law. This paper assesses certain types of behaviour of Boko
Haram from an Islamic law perspective and examines whether Islamic law condemns
or justifies such acts. Arguably, it would help the ICC in asserting the
legitimacy of its judgments, if it was able to prove that such judgments are
compatible with the legal and belief system recognised by the actors at trial.
In turn it would enable the Court to deal with at least some of the criticism
aimed at it, for being an imperialistic institution."
Abstract of the article, co-authored with S. Amin and N. Higgins, which appeared today in International Human Rights Law Review vol. 3/1 (2014) pp. 29-60
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