Oil, Rape and State Crime in Nigeria

摘要

This case study seeks first to explore the culpability of the state of Nigeria in regards to recent allegations of rape and sexual torture by security forces and, secondly, to question why these rapes continue to occur despite Nigeria’s responsibility to address them. Though exact rates of violence are impossible to ascertain, reports by the media and various non-governmental organizations describe the widespread abuse of women, specifically at the hands of military officials. Evidence suggests that, by failing to respond appropriately to these acts of violence, the state of Nigeria is in direct violation of international law. Moreover, the decentralized nature of the Nigerian legal system creates an environment in which those Nigerian laws that do address rape and/or torture are rendered ineffective. This paper argues that what is happening in Nigeria does in fact constitute a state crime and, thus far, has not received appropriate attention from the International Criminal Court, to which Nigeria is a party, or the international community at large. As no action has yet been taken, we consider the factors that create an environment in which international and national punitive measures, as they are currently practiced, are ineffective.