The Nigerian Air Force stated on Tuesday that in all its operational tasks (air and land onslaught) against terrorism in the North East, Killer herdsmen/militia in the North Central and other offensives against armed bandits, kidnappers and militancy in the Niger Delta have been guided by the principles of the Law of Armed Conflict (LOAC).
Chief of the Air Staff, Air Marshal Sadique Abubakar who stated this at the opening of the Law of Armed Conflict (LOAC) Retreat 2019 for NAF Legal Officers in Abuja, noted however that in carrying out these tasks, the NAF focuses on particular and they border on Forbidden targets, tactics and techniques.
Others are Enemy captives and detainees, Civilians and private properties as well as Prevention of crime in theatres of war.
Emphasizing the principles of the law of armed conflict (LOAC) under which NAF operate in theatres of operation, the CAS said, “The principles under which we operate include: Justification for involvement, the use of minimum force, the need to protect lives and property, the need to record and keep evidence, timely intervention, domination of Area of Responsibility and cooperation.
He said, “In it simplistic form, these principles requires that for the NAF to be involved in any operation, it must be sanctioned by appropriate superior authority and when deployed, we only apply that force necessary in the circumstance to ensure safety of lives and property.
“Accordingly, we have ensured that our field/operations commanders keep records of actions taken and we ensure timely intervention to prevent unnecessary loss of lives and destruction of property.
“A proactive step we have taken is to establish secured areas/bases to operate from in order to enable freedom of action while denying same to the enemy.
“Also, we work with the civil authorities and other security agencies in order to build public confidence and quicken the restoration of normalcy in conflict situations.
“We do all these in conformity with applicable Rules of Engagement (ROE) which are in line with international best practice.
“It is pertinent to state that we are particularly guided by LOAC, which forms part of both domestic and international humanitarian laws that regulates the conduct of armed hostilities.
“LOAC covers overlapping areas which are; the Hague Rule, the Geneva Law as well as the 2 additional protocols of 1977.
Clarifying that “The features of the protocols listed above were designed to protect defenseless people and property that are not connected with hostilities”, Air Marshal Abubakar said, “They dictate that captives are humanely treated and forbid reprisal actions/revenge as well as use of coercion in interview or interrogation.
“More so, they forbid looting and wanton destruction of property and the use of humans as shields.
“Similarly, the Protocols prohibit the destruction of property and inhuman treatment of civilians.
“In line with these protocols, we ensure that our commanders respect and honour natives, their families, faith as well as customs.
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“Our field commanders also ensure adequately coordinated movement of persons to avoid making them causalities in theatres of operation, while also protecting private property from arson, looting and theft.
“In addition, we ensure that commanders and troops do not partake in illegalities when deployed on operations.
“As a Service, we know that the violation of LOAC is a breach of both international laws and the laws of Nigeria; as such we always endeavour to operate within the confines of LOAC”.
Reiterating the importance of the legal directorate, the CAS said, “The NAF relies on our Legal Services Directorate in navigating the legal waters which sometimes become turbulent as a consequence of the strict requirements for the military to adhere to LOAC.
“It is no longer news that several reports by Non-Governmental Organizations have alleged grave violations of international laws and human rights by the Nigerian military.
“Some people have gone to the ridiculous extent of accusing NAF fighter pilots flying at 300km per hour of selectively attacking farmers as targets while sparing herdsmen in Numan.
“Others have alleged that bombs were dropped in villages, killing civilians and burning thatched roofs of their homes but sparing mud structures of the houses.
“Unfortunately, these mostly unverified allegations have overtime portrayed the military in bad light and have, as well, impacted negatively on our fight against insurgency.
“While most of the allegations are untrue, they nevertheless caused mistrust between the military and civil populace, while also affecting relations between Nigeria and some of its allies.
“It is for this reason that we continue to reiterate the importance of adhering to LOAC during military operations”.
In his address, Acting Chief Justice of Nigeria, Justice Ibrahim Tanko Mohammed recalled that the Nigerian Air Force and indeed the entire armed forces were established to serve and be accountable to the Nigerian people and one way to do this is to adhere to ‘your rules of engagement in line with the laws as well as international best practices.
“For me nothing is more important than acting within the ambit of the laws in whichever role you find yourself. As such, our troops must always adhere to the laws of armed conflict during military operations” he said.
Commending the CAS for introducing and consistently organizing the retreat for NAF legal officers which had in attendance professionals from the bench, the bar and international organization, the Acting CJN said, “It drives home the point that, it is only through cross-agency collaboration that our collective objective of protecting and defending the populace within the ambit of the law could be achieved”.
Continuing he said, “For me, the military is very critical to the success of any democracy. After all, of what use will our great wealth be, if not well defended. Let me state here that Nigeria appreciate the sacrifices you (Military) are making to keep the country united. Our thoughts go to our service men that have paid the ultimate price in this process. Their sacrifice will never go in vain”.
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