The increasing of armed conflict has blighted the lives of millions of people, and it has become the root cause of inhumanity among the international issue. Throughout time, if we look deeply into the weapons have been used in the course of armed conflict, it started with conventional weapons such as swords, spears, bows, and arrows; then it escalated to the more mighty and deadly such canon, tanks, guns, missiles, and bombs, particularly atomic bombs, intercontinental ballistic missile, and other future military might. In recent decades, another mean and method of warfare came into existence as human with flesh and blood were engaged in warfare, in which the international community has expressed its serious concern and condemnation. Nigeria is known for its employment of human suicide bombs, in particular, children, which attributed to its grave internal conflict between an insurgent group, known as "Boko Haram," and the Nigerian government. In carrying out its child suicide bombs scheme, the Boko Haram abducted, brainwashed, instructed, and ordered an attachment of bombs to human body as a mean of an explosion to certain targeted areas. This act is purely suicide, and is not under the realm of military duty, where the loss of lives of soldiers is protected and justified by law. As a consequent, the international community has pushed for prosecution of such matter. To thoroughly discuss over the issue in this regards, the relevant international instruments, especially international criminal law will be elaborated and analyzed.
This dissertation paper is dedicated to the study on the prosecution, and criminal responsibility over the human suicide bombs scheme carried out by the Insurgent group Boko Haram in Nigeria. For the purpose of the study, this paper is branched out into six chapters. Chapter one serves as a guideline, which provides an overview of the issues to be discussed, and answered in this study. Moving forward, Chapter two discusses the phenomenon and sequences of the internal conflicts in Nigeria, which built up to the Insurgent armed group, Boko Haram, how Boko Haram came to human suicide bombs scheme, and the key responses of the local, regional, and international community with respect to children suicide bombs scheme. Chapter three touches upon the international legal regime for the governance on the prohibition and protection of Children in both international and non-international armed conflict. Specifically, this paper covers only the non-international armed conflict. Chapter four analyze and categorize the crimes and criminal liability of using children as suicide bombers attack in non-international armed conflict under the Nigerian Law and the International Criminal Law. On the basis of the delay and the incapability of the Nigerian authorities and the domestic court to tackle the widespread of the use of children as suicide bombers attacks, this study suggested International Criminal Court (ICC) as an alternative to the domestic court. In this regards, this paper will also discuss and analyze the jurisdiction basis of the ICC in the prosecution of the act of using children as suicide bomber attacks perpetrated by the Boko Haram, and the liability accountable by Boko Haram. In Chapter five, the study will point out the recommendations and proposal for the further improvement of international criminal law and acceleration of the prosecution proceeding, and as well as criminal punishment. Chapter six will wrap up this dissertation by summarizing the sequence of the dissertation.