FACULTY OF LAW
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Item Reparative complementarity in international criminal law and victims of core international crimes in Nigeria(2020) Adeyemo, D. D.The Rome Statute of the International Criminal Court evinces a victim- centred concept through the provisions of Article 75, by providing reparations to victims in addition to prosecutions of perpetrators. On the other hand, the operation of the International Criminal Court is built upon the principle of complementarity, which gives primacy to jurisdictions of domestic courts in prosecuting core international crimes over the ICC. Reparations are important to victims, in fact, it may appear that victims who participate in criminal proceedings do so with the aim of getting more than just prosecution of the perpetrators, but much more reparative remedy The concept and practice of reparations at the ICC, especially in the reparation decisions thus Jar, has its own peculiar challenges. Despite the challenges relating to the practice of reparation at the ICC, there is a growing concern as to whether victims have a right to seek reparations from their States and whether States in turn have the obligation of providing reparations to victims following the principle of complementarity. Thus, are Slate parties obliged to incorporate reparations in line with domestic prosecution of core international crimes in fulfilment of their obligations to prosecute? Assuming Stales parties are obliged, what would the principle of ‘reparative complementarity' portend for a country’ like Nigeria where the concept of reparations to victims in criminal law context, appears alien? The paper interrogates the above questions and others in the light of the hundreds of thousands of displaced victims of the insurgency and armed conflicts in the country. The paper adopts a doctrinal and library based approach to examine the concept of reparative complementarity and its practical application to Nigeria's obligations to victims of crime in international criminal law. The paper argues Jar a variant of reparative complementarity which distils two main perspectives of State obligation in reparative complementarity and advocates for a more victim centred approach to criminal justice in Nigeria.Item Corruption in the defence sector and armed conflicts in Nigeria: defining the nexus(Department of Public Law and Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan, Ibadan, Nigeria, 2017) Adeyemo, D. D.Ordinarily, armed conflicts and corruption appear disparate, but studies have shown that the two concepts are not unconnected. While a comprehensive definition of corruption seems elusive, it is clear that it plays an overarching role before, during and after armed conflicts. In the last decade, Nigeria has suffered immensely from the ills of internal armed conflicts which are easily traced to poor governance, ethnic/religious crises, political and economic inequality, insurgency and so on without any direct link to the role of corruption. This paper attempts a theoretical explanation for the link between armed conflicts in Nigeria and corruption in the Defence sector with specific focus on Boko Haram insurgency in the north-eastern part of Nigeria. The paper examines the capacity of a state to offer good governance and provide security within and around its borders and its direct impacts on the incidence and dynamics of internal armed conflicts. The greed and grievance theory may have proffered the possible nexus between internal armed conflicts and corruption but the exact role of corruption in armed conflicts is situation-specific. While corruption may not necessarily initiate internal armed conflicts, it may be an underlining factor in shaping the incidence, duration and character of armed conflicts. In about a decade since the insurgency started, Nigeria has suffered immensely from and is still grappling with the ills of internal armed conflict. The susceptibility of the Nigerian defence system to corruption and manipulative activities of politicians reveals the ills of corruption before, during and after armed conflict. Corruption in arms and military equipment procurement, lack of transparency in military expenditure and contracts, laundering of proceeds of such corrupt deals by corrupt military officials have far-reaching consequences in exacerbating armed conflicts. This paper focuses on the Armsgate scandal of 2014 and the subsequent report by Transparency International (TI).