Crime of Genocide and Impunity in the Nigerian-Biafran Armed Conflict of 1967-1970: The Need for Accountability

Abstract

The Nigerian–Biafran armed conflict (1967–1970) remains one of the most devastating episodes in Africa's post-colonial history, resulting in widespread civilian casualties, mass displacement, famine, and allegations of atrocities committed against the civilian population, particularly the Igbo ethnic group. More than five decades after the cessation of hostilities, persistent debates continue regarding whether certain acts committed during the conflict satisfy the legal definition of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide, 1948. This article critically examines whether the conduct of the parties to the Nigerian–Biafran conflict meets the legal threshold of genocide under international law and interrogates the consequences of the continued absence of accountability for those allegedly responsible. Adopting a doctrinal legal research methodology, the study analyses the Genocide Convention, the Geneva Conventions of 1949 and their Additional Protocols, the Rome Statute of the International Criminal Court, relevant customary international law, and the jurisprudence of the International Court of Justice, the International Criminal Tribunal for Rwanda, and the International Criminal Tribunal for the former Yugoslavia. The article also evaluates historical records, official reports, and scholarly literature relating to the conflict, particularly issues concerning mass killings, starvation, humanitarian blockades, forced displacement, and the specific intent (dolus specialis) required for the crime of genocide. It contends that accountability for atrocity crimes extends beyond criminal prosecution to include truth-seeking, official acknowledgment, reparations, institutional reforms, and guarantees of non-recurrence, consistent with contemporary principles of transitional justice and international human rights law. The article concludes that Nigeria should establish an independent truth and accountability mechanism to investigate allegations of genocide and other serious violations of international humanitarian and human rights law committed during the conflict. Such a mechanism would contribute to historical clarification, national reconciliation, victims' recognition, institutional reform, and the strengthening of the rule of law while reinforcing Nigeria's commitment to combating impunity for the gravest crimes under international law.