Paper for Issue

Illiteracy and Poverty as Precursors to the Prevalence of Domestic Violence in Indigenous Nigerian Communities

Abstract

Indigenous communities in Nigeria are characterized by a negative pattern which pervades the domestic setting of family homes. The negative pattern of domestic violence has led to the breakdown of homes, displacement of family members, estrangement of parents from children, and in cases where physical violence is exerted and severe, it may lead to fatal injuries or even death. Since it is trite that a problem cannot be effectively rectified if its cause is unknown, this paper identifies illiteracy and poverty as the triggering causative elements of domestic violence in indigenous Nigerian family homes. Illiteracy and poverty are prominent features of indigenous Nigerian communities, and this paper posits that there is a direct correlation between these factors and the pervasiveness of domestic violence in these communities. Adopting a qualitative research methodology, this paper considers the positions of existing literatures on the subject matter. To check the frequency of the practice, this study recommends that there should be a sensitization of the members of the public of the menace of domestic violence and its dangers, creation of an effective legal regime protecting and enforcing the rights of the victims, creating empowerment opportunities for the victims and strengthening the relevant institutions.

Understanding the Position of International Humanitarian Law on the Use of Cluster Munitions

Abstract

In the last century, the world has witnessed two world wars, one cold war, several genocides and unending insurgencies. Globalization, has spurred the need for nations of the world through their representative governments, to interact with one other in the guise to foster better relationships amongst themselves, maintain world peace and lead better lives for their countrymen. In the course of this unavoidable interaction between them, there is surely bound to be acrimony; acrimony that many times than not lead to loss of human lives directly or indirectly . The international community, with the aid of numerous international conferences and conventions, has in its little way embedded provisions that see to the reduction of suffering during armed conflict. Some of these provisions concern techniques used while some concern personnel use and some other concern weapons used. According to Sun Tzu in his book ‘Art of War’ the essence of war is not to totally annihilate ones enemy but to incapacitate them in the most skillful way. This conclusion is exemplified in his evergreen quote: “Generally in war the best policy is to take a state intact; to win it is inferior to this. Do not put a premium on killing. To capture the enemy’s army is better than to destroy it; to take intact a battalion, a company and a five man squad is better than to destroy them. For to win one hundred victories in one hundred battles is not the acme of skill but to subdue the enemy without fighting is the acme of skill”.

Examining the Concept and Development of Environmental Rights and it’s Nexus to Human Rights

Abstract

Every right without an enforcement strategy is ham-fisted. The environment and its components are to be utilized, protected and preserved in a way to achieve sustainability. Companies, though inanimate persons created by human laws, have also emerged as users of the environment for the diverse purposes they are created. Mankind and science development are experiencing the fourth industrial revolution which is mostly characterized by a fusion of technologies that blurs the lines between the physical, digital and biological aspects of the environment. This industrial revolution is presently evolving at an exponential than a linear space. It is to welcome breakthroughs in fields like artificial intelligence which include self-driving cars and drones to virtual assistants and software that translate or invent; robotics, the internet of things, 3-D printing, autonomous vehicles, nanotechnology, energy storage, quantum computing and material science. This era is still unfolding . However, despite the beauty of these human and scientific advancements, it is the environment and mostly humans that bear the brunt of the negatives. The study therefore examines the usage of the environment by companies and the attendant pollution from their activities and how these scientific undertakings on the environment often infringe on the rights of humans.

The Role of Artificial Intelligence (AI) in Creating A Sustainable Law Practice In Nigeria (Essay Series)

Abstract

Artificial Intelligence (AI) simply refers to the ability of a digital computer or computer controlled robot to perform tasks commonly associated with intelligent beings. The term is frequently applied to the project of developing systems endowed with the intellectual processes characteristic of humans, such as the ability to reason, discover meaning, generalize or learn from past experience. While the origin of AI generally is traceable to the historic workshop held on the campus of Dartmouth College in New Hampshire, USA during the summer of 1956 , the innovative field of research did not make its way into the heart of legal practice until much later perhaps due to the traditionally conservative and monopolistic nature of law as a profession globally.

Recruiting the African Child into Armed Conflicts: An Exposition on the Causal Factors and International Law Position on the Use of Child Soldiers

Abstract

The phenomenon of the child soldier in modern day conflict remains an issue of global concern. Recruitment of child soldiers seems to be concealed to the fact that they are expendable, easily replaceable and cheaper to maintain. Children are recruited into armed conflicts to carry out different roles which violate international, regional and State instruments prohibiting the practice. The aim of this research is to examine the recruitment and use of child soldiers within the laws regulating armed conflict. This research adopted the doctrinal library-based research methodology. The legal instruments relating to child soldiers such as the Geneva convention, Additional Protocols to the Geneva Conventions, Rome Statute of the International Criminal Court, African Charter on the Rights and Welfare of the Child and Optional Protocol II to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict and including the opinion and views of authors, scholars were also examined. Findings revealed that the use of children in armed conflict remain unabated despite the laws prohibiting the practice. Governments, armed groups, rebels, militias and emerging terrorists’ groups such as Boko Haram continue the recruitment and use children in armed conflicts. Children are held criminally culpable by State forces for war crimes despite being forcefully recruited. The research concluded that, there is still prevalence of the use of child soldiers despite laws prohibiting the practice. Revision of the Legal frameworks on the prohibition of child Soldiers would ensure enforcement and stiffer punishments for violators. Provisions exempting culpability of child soldiers need to be more prominent in the laws.

The Implementation of the Luanda Guidelines on Arrest, Custodial and Pretrial Detention in Nigeria and South Africa

Abstract

Arbitrary arrest and pretrial detention have led to the problems of overcrowding in correctional facilities and abuse of human rights in several African countries. The excessive use of firearms has also led to extra judicial killing of citizens and suspects by criminal justice system officers. The Luanda guidelines on arrest, police custody and pretrial detention were however adopted to provide solutions to these problems. The Luanda guidelines guarantees the respect of the rights of suspects, limits the use of firearms to unavoidable circumstances, limits the use of arrest and pretrial detention to a measure of last resort and guarantees a conducive facilities of detention. This research makes use of the analytical method of research. It analysed the extent to which the Luanda guidelines has been implemented in Nigeria and some other African countries. Although, these guidelines have been ratified by many African countries including Nigeria, the implementation has however become seemingly impossible because of some challenges that have been in existence before the adoption of the Luanda guidelines which if not solved will continue to debar the implementation of the guidelines. However, South Africa and Uganda have started the implementation of the guideline and this is possible because of the existing laws that were already in place before the adoption of the guidelines which are in conformity with the Luanda guidelines. The implementation of the Luanda guidelines will cause drastic changes in the various criminal justice systems of African countries as it is the anticipated messiah for the criminal justice system. It is however recommended that the ACPHR should help state parties in tackling the various challenges debarring the implementation of the guidelines in various countries and criminal justice system officers should be subjected to mandatory continuous training.