Protecting Children From Conflict-Related Sexual Violence; Legal Framework, Implementation Deficiencies, And Adherence To International Humanitarian Standards, The Nigerian Context

Every child has the inherent right to be safeguarded from harm(1) , this principle underpins any initiatives, enquiries, or advocacy aimed at the protection of children. In all types of armed conflict, children, due to their physical, mental, and emotional immaturity, are invariably the most adversely affected(2) , they are the weakest members of society(3) and they go through the worst kinds of violations and the gravest of them in my humble submission is sexual violence and, in the context of this study, conflict-related sexual violence (CRSV). In the cause of my work as research officer with the Bayelsa State Judiciary, attached to the Family Court, a court saddled with the responsibility of interpreting and implementing the Child Rights Law among its other core duties, I observed the profound suffering and challenges faced by children who were victims of sexual violence. These instances are unrelated to combat; yet the suffering and anguish experienced by the children are debilitating. Recently, the rise in insurgencies and banditry attacks in Nigeria has led to kidnappings and pervasive violence, prompting my sympathy for the innocent youngsters who, as usual, as stated earlier are the weakest link. If, during periods of relative tranquilly, the incidence of sexual violence escalates and its impact is catastrophic, then the ensuing consequences of conflict will precipitate a severe humanitarian disaster. I embarked on this research because there is a great need to understand and explore the legal frameworks, both domestic and international frameworks that protect the Nigerian child in the wake of internal conflicts which cannot be categorized as International armed conflicts (IAC) and which may or may not have reached the threshold of organization and intensity to fall under the category of an Non-International armed conflict (NIAC).

(1) Medrano T., Tabben-Toussaint A. Manual 1: Child Protection Basics, FHI 360 Child Protection Toolkit. Research Triangle Park, NC: FHI 360; 2012. (2)ibid (3) https://cryingoutforjustice.blog/2012/06/05/children-and-abuse-the-weakest-members-of-society-by-jeff-crippen/ (last accessed 31 March2025)