Unconditional Amnesty for Boko Haram Violates African Human Rights Law

Oluwatosin-Senami-AdegunAuthor: Oluwatosin Senami Adegun
Master’s student, LLM Human Rights and Democratisation in Africa, Centre for Human Rights, University of Pretoria.

Boko Haram has attacked the north-east of Nigeria for 15 years killing over 350 000 persons, abducted about 276 Chibok girls, perpetuated rape, sexual slavery and other forms of sexual violence,  forced marriage, recruitment of child soldiers and disproportionate attacks on civilians which constitute violations of human rights and international humanitarian law as affirmed by the Amnesty International Report of 2015.

Despite these gross violations and the victims’ yearning for justice, the Federal Government of Nigeria (Nigeria) granted unconditional amnesty to some members of the terrorist group through its ‘de-radicalisation, rehabilitation and reintegration’ programme  without due consideration given to victims whose views and concerns were never considered.  

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Fumbling Justice: ICC Sentences former Congolese Warlord, Thomas Lubanga Dyilo to 14 years and criticizes Ocampo’s handling of the case

Rebecca BrowningAuthor: Rebecca Browning
LLM candidate, University of Amsterdam

The International Criminal Court in The Hague, the Netherlands issued its first sentence since its inception in 2002, sentencing Thomas Lubanga Dyilo (see sentencing judgment), former president of the Union Patriotes Congolais (UPC) to a 14 years jail term on child soldier charges. The sentence is in sharp contrast to the 50-year sentence handed down to Charles Taylor for his involvement in sponsoring the civil war in Sierra Leone in May this year, and reactions were varied, with some calling it too lenient and others praising the measured and coherent sentence and its reasoning.

Lubanga was found guilty on 14 March 2012 of conscripting, enlisting and using children under the age of 15 years to participate actively in hostilities in the Ituri Region of the Democratic Republic of Congo (DRC) between 1 September 2002 and 13 August 2003.He was arrested and transferred to The Hague in 16 March 2006 for his involvement in a long-running civil war for political and military control in the Ituri region in the eastern DRC after being referred to the ICC by DRC President Kabila. Mr Lubanga will receive credit for time served in detention, and will effectively serve an 8-year sentence unless the sentence is overturned by an appeals chamber.

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