COUNTER TERRORISM AND OBSERVANCE OF INTERNATIONAL HUMANITARIAN LAW PRINCIPLES AND HUMAN RIGHTS IN NIGERIA AND THE UNITED STATES OF AMERICA

Abstract

This article examined counter terrorism and observance of international humanitarian law
principles and human rights in Nigeria and United States of America. The effect of armed
conflict on parties thereto, civilians, the immediate environment and the society has made
some set of rules regulating armed conflict and its operations to be drafted. There are some
core principles guiding the operation of international humanitarian law (IHL) and parties to
armed conflicts are expected to at all times operate within the confine of these principles.
IHL principles are not always applicable in countering terrorism in Nigeria, and the
application of international human rights law (HRL) in times of armed conflict in Nigeria is
more challenging as the State as well as its armed forces usually sees national security as a
ground for the suspension and violation of human rights in the country. It is recommended
that the Terrorism (Prevention and Prohibition) Act, 2022 should be amended to include a
section on the application of the principles of IHL in combating terrorism in Nigeria;
intelligence gathering should be the hallmark of counter-terrorism in Nigeria so as to carry
out attack against the target and ensure zero casualties; Nigerian courts should be proactive
in making decision touching on the complementary application of the IHL and HRL during
armed conflicts in Nigeria as is the case in the United States of America; and any terrorist
who has been captured or surrendered and is no longer taking part in the armed conflict
should be tried according to the law.