By Mahdi Waziri Isa

The Deputy National Chairman of the International Humanitarian Law Implementation Committee, Professor Muhammed Tawfiq Ladan, has highlighted the President Bola Ahmed Tinubu-led government’s efforts in implementing international treaty obligations.

Speaking yesterday at the 2-Day 27th Annual Thematic Workshop on International Humanitarian Law (IHL) for law teachers and professors in Nigerian universities, Professor Ladan also provided brief insights into the topics selected for discussions in the workshop.

The workshop, organized by the International Committee of the Red Cross (ICRC Delegation to Nigeria and ECOWAS) and the Nigerian Institute of Advanced Legal Studies (NIALS), in collaboration with the Society of International Humanitarian Law Teachers in Nigeria, which is ongoing at Bolton White Hotel Abuja, is rounding up today.

The 27th edition of the workshop brought together Nigerian military legal advisers from the defence headquarters, office of the Chief of Army Staff, and army legal directorate, including theatre commanders’ legal officers and advisers.

This edition of the workshop, according to Professor Ladan, is partly aimed at enabling discussions with field commanders and legal advisers to identify and share experiences and challenges to chat better ways for the implementation of Nigeria’s treaty obligations in armed conflicts or insecurity situations.

Professor Ladan stated that, “As part of my opening remark, I would like to reveal that, as deputy chairman of the national implementation committee of international humanitarian law in Nigeria, there are two significant developments in this year’s update.

The first is the Control of Small Arms and Light Weapons Act 2024, assented to by President Tinubu on June 4, 2024. This establishes a national commission to coordinate control of small arms and light weapons, harmful to Nigeria’s economy and citizens.”

He emphasized the importance of having this legal instrument and institution, allowing monitoring of progress and implementation. “With this commission on ground, at least we have something to hold on to, and people to hold accountable in terms of implementation.”

Professor Ladan further stated, “The second update is the establishment of a National Mines Centre in Maiduguri in April 2024, with a Coordinator to implement the Anti-Personnel Mine Ban Convention, a treaty obligation legally binding on Nigeria.”

Highlighting the topics of the workshop, one of which is the Legal review of the new autonomous weapon system that are frequently being used these days in armed conflict situations across the world, Professor Ladan said, “our participants who include experts including military legal advisors and field officers will jointly discuss it”

According to Professor Ladan, autonomous weapons are not specifically covered by International Humanitarian Law rules. “Nevertheless, International Humanitarian Law clearly enforces obligations of responsibility on human combatants, particularly military commanders and operators of any weapon system, such that they will comply with the International Humanitarian Law rules of distinction, rule of proportionality and rule of precaution, as well as the principle of humanity in their planning, deciding and carrying out any attack in any conflict situation.”

Professor Ladan emphasized that human combatants, particularly military commanders, legal advisors, and operators of these autonomous weapons, must ensure the weapon system preserves their ability to make necessary legal judgments.

Professor Ladan noted Nigeria’s commitment to International Humanitarian Law, citing the Geneva Conventions of 1949 and additional protocols 1 and 2 of 1977, which are legally binding due to Nigeria’s signature and ratification.

The second topic, Professor Ladan explained, focuses on the role of legal advisors in military operations in Nigeria. “We chose this topic deliberately, and the discussants are all military legal advisors from different formations including defense headquarters along with law professors to discuss this particular issue.”

Professor Ladan pointed out that the Nigerian military has its own 2018 handbook on International Humanitarian Law and three Chiefs of Army Staff directives from 2018.

In discussing military operations, Professor Ladan highlighted the need for an update on the review of the code of conduct ordered by the then Chief of Army Staff in 2022.

Professor Ladan also drew attention to the prolonged review of Nigeria’s outdated Armed Forces Act, which began as a decree in 1993/4 and has undergone five revisions without yielding a final amendment bill.

Finally, Professor Ladan addressed Sexual and Gender-based Violence in conflict zones or armed conflict situations.

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