An appraisal of the crime of genocide in international law: a case study of its applicability to some incidences in nigeria

Thesis 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.