TREATMENT OF PRISONERS OF WAR IN NIGERIA
The protection and treatment of persons deprived of liberty, more so prisoner of war (POW), is a central principle of International Humanitarian Law (IHL), which, among others, symbolizes the extent to which human dignity is protected during war and conflict. This study inquires into the legal and operational principles of treating detainees. Although the term POW applies only to international armed conflicts, the essence of their protection applies to all detained persons, especially in the context of non-international armed conflicts. Using a doctrinal and analytical approach, this work inquiries into legal norms, institution(s) and ethical guidelines that influence the treatment of detainees. Particular interest is placed on Nigeria, which due to the on-going contemporary security crisis, particularly insurgency, has determined the pattern of detention. In the circumstances, persons detained are rarely labeled POWs in the strictest sense, but are still afforded basic minimum protections as guided by Common Article 3 to the Geneva Conventions and the Nigerian Constitution. Utilizing hypothetical examples, cases studies of military detention, de-radicalisation and rehabilitation programmes, pre-trial detention by police, it highlights some of the persistent challenges, including pre-trial detention, prison congestion and restriction of due process, and institutions such as the Nigerian Armed Forces, the judiciary and the International Committee of the Red Cross as custodians of compliance. However, disparity between standards and actual practice is noted. In conclusion, there is a need for improved institutions capacity, accountability, and co-ordination to realize the efficient protection of persons deprived of their liberty in conformity with international humanitarian law and human rights law.
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