Hidden in Plain Sight, An Empirical Study of Sexual Violence in Armed Conflict from a Boko Haram Perspective

Abstract

Abstract This dissertation explores the widespread occurrence of sexual violence during armed conflict (SVAC), focusing on the Boko Haram insurgency in Nigeria. It examines the Nigerian and international legal frameworks related to armed conflict, particularly those aimed at safeguarding vulnerable groups such as women and children. The research explores the development and application of International Humanitarian Law (IHL) to protecting civilians during armed conflict and identifies the shortcomings within Nigeria’s judicial system in addressing sexual violence amidst the Boko Haram crisis. It highlights the necessity of understanding the societal and power structures perpetuating such violence both within armed groups and in society. Existing theories advanced to explain conflict-related sexual violence have been criticized for not adequately explaining variations observed in the incidences of sexual violence in armed conflict and for over-predicting such violence. The Patriarchal Militarized Masculinity concept, developed in this dissertation as a theoretical framework to analyze sexual violence in the Boko Haram armed conflict, aims to intersect two seemingly parallel and conflicting theories. This concept seeks to explain sexual violence in armed conflict by utilizing the arguments of militarized masculinity and patriarchal masculism in a way that maximizes their strengths, minimizes their weaknesses, and creates a comprehensive explanatory framework for sexual violence in armed conflict. By adapting the Patriarchal Militarized Masculinity framework to the Boko Haram conflict, this dissertation argues that the continued operation of a combination of these factors leads to the proliferation of sexual violence. In so doing, the study expands existing explanations of sexual violence in armed conflicts and introduces additional theoretical frameworks based on feminist critiques of power and Islamic feminism.The research addresses the question: What are the factors responsible for the continued perpetration of sexual violence in the Boko Haram armed conflict? The findings argue that a combination of factors leads to the proliferation of sexual violence: the masculinized military socialization of Boko Haram combatants and a pre, during, and post war community culture steeped in male-dominated, androcentric religio-cultural ideologies and power structures. These structures institutionalize discrimination against women and are operationalized through normative institutions like marriage. The data shows that the issue is not entirely due to the failure of the current legal landscape in deterrence and enforcement, as has been the focus of the international community’s efforts. Instead, Boko Haram combatants were indoctrinated not to view their acts as illegal because the acts of sexual violence were framed within the context of marriage, rendering force and coercion irrelevant to them. The overarching purpose of this study was to fill a gap in the knowledge base by contributing interdisciplinary empirical research that focuses on understanding sexual violence in armed conflicts in an in-depth investigation of the Boko Haram armed conflict, through the eyes and perceptions of those accused of perpetrating this crime against humanity. Qualitative methodological approaches and mixed methods were utilized to collect, analyze, and report the data. This included doctrinal research, a literature review, and analysis of existing legal frameworks (domestic and international), supported by empirical data collected from primary and secondary sources. Semi-structured interviews were conducted in Gombe, FCT, Kwara, Kaduna, and Borno states in Nigeria, including the Mallam Sidi camp for rehabilitated Boko Haram ex-combatants and a displaced persons' camp in Maiduguri, alongside focus group discussions in Ilorin, Abuja, and Gombe. Data collection involved audio recordings, field notes, secondary document reviews, and reflective journaling. The study reveals deeply rooted power structures that foster a culture of violence and insecurity, highlighting the critical need to understand the specific dynamics of sexual violence within this conflict. The dissertation suggests that significant challenges exist in applying IHL to prevent sexual violence during armed conflict, particularly in areas influenced by patriarchal institutions and religious ideologies. It stresses the need for continuous development of IHL to adapt to the changing nature of modern conflicts. The socio, political and legal implications discussed, and recommendations proffered, should provide empirical data-supported tools for policymakers to assist in the effort to prevent sexual violence and stem this scourge. Therefore, this research is potentially an invaluable tool for law and policy makers in working towards achieving this goal.