AN APPRAISAL OF THE CRIME OF GENOCIDE IN INTERNATIONAL LAW: A CASE STUDY OF ITS APPLICABILITY TO SOME INCIDENCES IN NIGERIA

AN APPRAISAL OF THE CONCEPT OF COLLECTIVE SECURITY UNDER INTERNATIONAL LAW
August 25, 2017
AN APPRAISAL OF THE DEVELOPMENT OF LEGAL FOUNDATION ON THE CONCEPT OF CRIMES AGAINST HUMANITY IN INTERNATIONAL LAW
August 25, 2017
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  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.


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