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Nigeria
Practice Relating to Rule 47. Attacks against Persons Hors de Combat
Nigeria’s Operational Code of Conduct (1967) states: “Soldiers who surrender will not be killed.”
Nigeria, Operational Code of Conduct for Nigerian Armed Forces, Federal Military Government of Nigeria, July 1967, § 4(e).
Under Nigeria’s Military Manual (1994), it is prohibited “to kill or wound an enemy who, having laid down his arms, or having no longer any means of defence, has surrendered at discretion”.
Nigeria, International Humanitarian Law (IHL), Directorate of Legal Services, Nigerian Army, 1994, p. 39, § 5(l)(iii).
Nigeria’s Manual on the Laws of War considers “killing or injuring an enemy who has laid down his weapons” as an “illegitimate tactic”.
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 14(a)(5).
Under Nigeria’s Soldiers’ Code of Conduct, it is prohibited “to kill or wound an enemy who, having laid down his arms, or having no longer any means of defence has surrendered at discretion”.
Nigeria, Code of Conduct for Combatants, “The Soldier’s Rules”, Nigerian Army, undated, § 12(d).
In 1968, in a Nigerian case referred to by the ICTY Appeals Chamber in the interlocutory appeal in the Tadić case, “a Nigerian Lieutenant was court-martialled, sentenced to death and executed by a firing squad at Port-Harcourt for killing a rebel Biafran soldier who had surrendered to Federal troops near Aba”.
Nigeria, Case of 3 September 1968 cited in Daily Times – Nigeria, 3 September 1968, p. 1; Daily Times – Nigeria, 4 September 1968, p. 1; referred to in ICTY, Tadić case, Interlocutory Appeal, 2 October 1995, § 106.
