The Act of Abduction and Women Trafficking in Non-International Armed Conflict (NIAC):

Armed conflict situations will always have real negative implications, one of them is the attack against civilians. Civilians are considered as non-combatant, they do not participate in armed conflicts, thus they should not be targeted and attacked. One of the civilian groups who have special protection is women. But, in reality, women still frequently become the main victim. In the case of non-international armed conflict between Nigeria and Boko Haram, it is found that 2000 female students were abducted. They were sexually abused such as raped, sexual slavery, forced marriage, trafficked and ordered to commit suicide bombing. Nigeria is a state party to Additional Protocol II of the 1949 Geneva Convention as well as Rome Statute 1998. Nonetheless the crimes cannot be avoided and go unpunished. This paper highlights the analysis of the crime addressed to women from the perspective of international humanitarian law and international criminal law particularly in regards to the law enforcement. Research indicates that there is impunity which causes unwillingness of Nigeria to enforce the law against Boko Haram. Hence the international mechanism through ICC can be the best option to bring justice.


A. INTRODUCTION
In armed conflict situations, either international or non-international, civilians who do not participate in armed conflict often become victims, such as detained or be the object of exploitation. An example can be taken from the case in Nigeria. The conflict that took place in Nigeria's territory was between the Government of Nigeria and an organized armed group called Boko Haram.
Boko Haram is an organization founded in 2002 in North Nigeria by Mohammed Yusuf. The name Boko Haram can be translated into 'Western Education is Forbidden'. 1 Mohammed Yusuf founded Boko Haram as a response to the democratic transition, nationalism, and western influence in Nigeria. 2 The main purposes of Boko Haram are to apply Islamic Sharia laws in Nigeria and to expel the North Nigeria political community which he claimed has been invested by fake Muslims who conduct corruptions, to get rid of western influences in Africa, and to erase Western education including schools for girls. 3 After Mohammed Yusuf got arrested and executed, Boko Haram's 1 Simonelli, Corina (et.al.). "Boko Haram Recent Attacks", National Consortium for the Study of Terrrorism and Responses to Terrorism, 2014, pp. 1-8, at 1, https://www.start.umd.edu/pubs/STARTBackgroundReport_BokoHaramRecentAttacks_May2014_0.pdf. Accessed on 7 th of July 2020. 2 Mauro, Ryan, "Boko Haram : Nigeria's Islamist Group", Clarion Project's National Security Analyst, http://www.clarionproject.org/factsheet/boko-haram-nigerias-islamist-group#. Accessed on 7 th of July 2020. 3 Simonelli, Corina (et.al), supra note 1, at 2. 4 Mauro, Ryan, supra note 2, at 3. 5 Simonelli, Corina (et.al.), supra note 2. 6 Office of The Prosecutor. "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the abduction of schoolgirls in Nigeria". http://www.icccpi.int/en_menus/icc/press%20and%20media/press%20releases/pages/otpstatement-08-05-2014.aspx. Accessed on 26 th of May 2020. leader spot was taken over by Abubakar Shekau. 4 After the leadership transition, the attacks conducted by Boko Haram have been more systematic and focused on the attacks on civil objects and civilians, such as schools, the Ministry of Religion of Nigeria's building, and places of worship. 5 The implication that may happen towards victims that are categorized as civilians in an armed conflict is the occurrence of international crime, such as war crime. According to the opinion of Fatou Bensouda, a prosecutor of the International Criminal Court (ICC), the violations carried out by Boko Haram against the civilians, especially the kidnapping of women, are included in the act of war crimes. 6 Fatou Bensouda also argues that the escalation of violence in Nigeria conducted by Boko Haram over several years may turn the ongoing conflict into a Non-International Armed Conflict (NIAC). 7 This argument is also supported by the statement voiced by Jonathan Goodluck as the President of Nigeria in 2013 that stated that Nigeria is in an emergency state to combat Boko Haram. 8 Human Rights Watch interviewed 30 kidnapping victims who were taken away between mid-April 2013 to mid-April 2014, including 12 female students from Chibok who ran away from Boko Haram and 16 other witnesses. 16 The victims, majorly combined of children and women, from infancy to adulthood, told that they were kidnapped from their homes, the fields they worked in, when they were fetching water or on their way to school. 17 As told by the victims in the interview with Human Rights Watch, they were placed in eight different camps in the forests of Sambisa and on the hills of Gwoza (the border between Nigeria and Cameroon) 18 after they were kidnapped by Boko Haram. 19 According to the data provided by the UN Representative for Children and Armed Conflict in the UN Security Council assembly on January 19, 2015, more than 900.000 Nigerians, most of whom were children and women, have left their homes, more than 300 schools were vandalized and destroyed, and hundreds of children have been hurt, kidnapped, and killed by the Boko Haram. 20 As the number of human trafficking done by rebel organizations, such as Boko Haram, increases, the UN Security Council argues that the continuing act of kidnapping and human trafficking that are done as a source of funding should be categorized as an international crime (war crime). 21 Considering that the victims are mostly children and women, the attention given by 14  27, 2001. 24 With the ratification of said conventions, Nigeria, as a State party, has the rights and obligations to carry out efforts on preventing international crimes and to enforce international law as regulated by the two conventions. Based on the facts previously mentioned, it can be seen that in an international issue, there is often a complexity that may connect a discipline to another. The relation can be seen between humanitarian law and international criminal law, where international criminal law acts 22 Declaration on the Protection of Women and Children in Emergency and Armed Conflict. http://www2.ohchr.org/english/law/pdf/protectionw omen.pdf. Accessed on 7 th of July 2020.

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ICC. "African States Parties". http://www.icccpi.int/en_menus/asp/states%20parties/african%20st ates/Pages/nigeria.aspx. Accessed on 7 th of July 2020. as the enforcer of humanitarian law. 25 For example, the relation visible between Article 8 of the 1998 Rome Statute on war crimes that becomes one of the absolute competencies of the International Criminal Court (ICC), regulates the protection of civilians.
Several efforts on the enforcement of humanitarian laws regarding the protection of civilians in a non-international armed conflict can be found in Article 3 of the 1949 Geneva Convention and the Additional Protocol II for non-international armed conflict. These conventions regulate the civilian's rights to protection, such as the protection of civilians and groups of civilians, attack on objects vital to civilians' needs, displacement of civilians by force, and humane treatment. 26 On the other hand, international criminal law is one of the international regulations that oversees the protection of civilians through Article 5 of the 1998 Rome Statute. The article classifies international crimes into a few categories, namely genocide, crimes against humanity, and war crimes. 27 The international humanitarian law gives provision that regulates State actions as well as individual actions. One of the State obligations, in order to enforce international humanitarian law, can be done by creating national regulation that includes legal sanctions for every individual who has violated the international humanitarian law. 28 As a consequence of the occurrence of war crimes, there must be a person to be held liable for the crimes that had been done. 29 In international humanitarian law, the liability is addressed to the State. Article 129 Ibid., at 52. 29 Barquero, Ray, "The New Thresholds of Non-International Armed Conflict--A Product of Jurisprudential Provenance?". Accessed on 7 th of July 2020.

Astrid Adelina, Nadhifa Khairunissa Ishadi
The Act of Abduction and Women Trafficking in Non-International Armed Conflict (NIAC): Boko Haram Case of 1949 Geneva Convention III regulates that State parties have the obligation to look for a party who has allegedly done or given instruction to another party regarding grave breaches that is done and brought that party to a national court, without taking into consideration their nationalities. 30 Whereas in the 1998 Rome Statute, the liability of war crimes, as regulated in Article 25 of 1998 Rome Statute, can be addressed to individuals 31 and, as regulated in Article 28, to the commanders 32 , which means that every person who participates in war crime can be held responsible.

General Review based on the
Perspective of International Humanitarian Law According to Pietro Verri, "armed conflict" is a general term that includes all kinds of confrontation between several parties 33 , which are: a. Between two or more States; b. Between a State and a non-State entity; c. Between a State and a belligerent faction; or d. Between two ethnic groups within a State.
As time goes by, the term "laws of war" developed into "laws of armed conflict" for quite some time. It later turned into "humanitarian law" which is thought to be the most precise term. This terminology is considered to successfully represent every important action to apply principles of humanity and protect individuals from the The classification of conflict becomes an important thing to see which regulation is applicable and to know the scope of protection of those affected by armed conflict. 35 One of the types of armed conflicts is noninternational armed conflict.
Non-international armed conflict is also known as Internal Armed Conflict. The non-international armed conflict points to a violent circumstance where a prolonged armed conflict between State forces and one or more organized armed groups, or between said groups, takes place in a State's territory. 36 Regulations regarding noninternational armed conflict can be found in Article 3 1949 Geneva Convention on the Protection of Civilians 37 and 1977 Additional Protocol II. 38 The explanation of Article 1 paragraph 1 of Additional Protocol II complements Article 3 of the 1949 Geneva Protocol and applies for noninternational armed conflict because it gives a specific explanation on the definition of non-international armed conflict completed with explanations regarding belligerents and its requirements.

Padjadjaran Journal of International Law
Volume 5, Number 1, January 2021 The classification of noninternational armed conflict must be separated from circumstances, such as domestic unrest and sporadic action in a country. 39 The classification on noninternational armed conflict can be found in the Judgement of Tadic Case that states that non-international armed conflict has two characteristics, namely 40 : 1) Armed conflict must reach a determined intensity level The authorized government of a State must deploy armed Forces to counter the belligerent, instead of the Police Forces in an armed conflict circumstance. 2) Non-government group(s) must be acknowledged as a party in a conflict because they are on the same side as the belligerent group. Belligerent must be under a clear structural commando and able to do a prolonged military operation. Article 3 of the Geneva Convention explains a few rules that must be obeyed in a non-international armed conflict circumstance by every party involved, some of them are the prohibition of violence act against every individual and humane treatment in every situation on any party who is not actively participating in a conflict including sick or suspended soldiers, regardless of race, skin color, and religion.
Lindsay Moir argues in his book titled The Law of Internal Armed Conflict that non-international armed conflict has become an urgency for the international public because of several factors, 41 which are: a. Non-international armed conflict has implications for the neighboring countries of the conflicted country, as there may be many civilians fleeing in-conflict areas. b. Risk of intervention from a third country as the conflict escalates. c. Individual as a subject of international law and international law protects every party that is not actively participating in an armed conflict.

(b) Protection of Civilians in 1977
Additional Protocol II Other than regulating on how-to's and methods of war, international humanitarian law also regulates the protection of a certain party who is not actively participating in an armed conflict, which is the civilians. This protection was made to guarantee civilians' safety during an armed conflict. 42 In a non-international armed conflict, there are a few articles that regulate the protection of civilians, which include Article 4 of Additional Protocol II on fundamental guarantees and Article 13 of Additional Protocol II on the protection of the civilian population. The commentary on Article 4 specifically explains subsidiary actions that are prohibited in a non-international armed conflict including acts of terrorism, slavery of any form, looting, and threats. 43 Whereas Article 13 states that civilians that are not directly participating in hostilities must be given protection and shall not be objects of military attacks. 44

(c) Qualification of War Crime
War crime is a serious violation against international humanitarian law, but not all crime could be categorized as a war crime. A crime could be categorized as a war crime if it has fulfilled the elements, which are: 45 (1). Armed conflict Armed conflict (international and non-international) must occur during said act of crime. (2). Protected persons Victims must be under the protection of international humanitarian law (civilian, prisoners of war, hors de combat). It also applies to certain places that must have protection from international humanitarian law namely, medical facilities, cultural sites, and other public objects. (

3). Potential perpetrators
The potential perpetrator for war crime is an individual soldier, either as commander or superior.
Although it does not entirely cross the possibility of actively participating civilians from committing war crimes.
(4). Nexus The existence of a connection between the act of war crime and armed conflict circumstance allows the act of crime to be categorized as a war crime. Belligerent is considered to be the highest category of rebels. This group was born from a noninternational armed conflict. 49 In other words, the existence of this group marks a higher intensity of conflict that has never happened before where its existence puts a conflict on the edge of turning it into an armed conflict.

General Review based on the Perspective of International Criminal Law
According to Ilias Bantekas and Susan Nash, international criminal law is a fusion of two disciplines of law, which are international law and national criminal law. 50 Whereas Robert Cryer argues that international criminal law is a compilation of laws that directly impose obligations on individuals and sentences the violators and is a relatively new development. 51 To put it simply, international criminal law is one of the newest disciplines of law, which consists of two different branches of law, that focuses on individual responsibility for the crimes they have committed.

a. The Definition of International Crime
International criminal law regulates the crimes considered as international crimes. The definition of international crime is crimes that violate existing international regulations that refer to the individual criminal responsibility of persons concerned. 52 The elements that must be fulfilled by an international crime are: 53 (1

Astrid Adelina, Nadhifa Khairunissa Ishadi
The Act of Abduction and Women Trafficking in Non-International Armed Conflict (NIAC): Boko Haram Case the war; or persecutions based on political, racial, or religious grounds in connection with any crime within the jurisdiction of the Tribunal, whether or not violating the domestic law where the crimes took place in. 58 A similar definition of the crimes against humanity can also be found in Article 7 of the 1998 Rome Statute. But this definition differs from the previous one as it adds a new, specific element regarding the crimes against humanity which states that crimes against humanity must include a series of attacks that is widespread or systematic. 59 (2) War crimes Article 8 of the 1998 Rome Statute states that war crimes are a serious violation of the law and customs applied in international and noninternational armed conflicts. 60 The regulation on non-international armed conflict can be found in Article 8 letter c and e of the 1998 Rome Statute. 61

D. CRIMES AGAINST HUMANITY AND WAR CRIMES CONDUCTED BY BOKO HARAM
The international humanitarian law provides provisions that regulate State actions and individual behaviors. One of the State's obligations to enforce international humanitarian law is by creating national regulations completed with legal sanctions for every perpetrator that violates the international humanitarian law. 62  crime, individual criminal responsibility is required of the perpetrator of war crimes. 63 In international humanitarian law, the form of responsibility is addressed to the State, as regulated in Article 129 of 1949 Geneva Convention III. The article regulates that States have the responsibility to look for parties who allegedly have committed or instructed other parties to commit grave breaches that brought said parties to the national Court, without taking into consideration the nationality that they possess. 64 Whilst the 1998 Rome Statute regulates that the responsibility of a war crime, according to Article 25, is addressed to individuals 65 , and, according to Article 28, to commanders 66 , which means that every individual who commits war crime can be held responsible.

Astrid Adelina, Nadhifa Khairunissa Ishadi
The Act of Abduction and Women Trafficking in Non-International Armed Conflict (NIAC): Boko Haram Case that must be fulfilled by a rebel group to reach the status of belligerent are: 76 (a) Must be in a country experiencing armed conflict. (b) Rebel groups must occupy the majority of the national territory of a country. (c) Armed conflict must follow the laws of war and there is an organized armed group that has a person in charge. (d) A certain situation that makes another country defines or acknowledges the group as a belligerent.

The Crimes of Boko Haram linked to Crimes against Humanity a. Elements of the Actions as part of the Attack.
Article 7 of the Rome Statute states certain acts of crimes that can be included in the category of Crimes Against Humanity. If linked to this element, the crime that's done must be a "part" of the attack. 77 About the action can also be categorized as the "attack" itself, 78 for example, the mass murder of civilians is enough to be categorized as an attack against civilians. So that other actions done during the mass murder do not have to be proven. According to Article 7 of the 1998 Rome Statute, an "attack" does not have to be a military attack as regulated by international humanitarian law. 79 The "attack" does not need to correlate with an Armed Force or an armed conflict. 80 If linking the first element to the Boko Haram case, it can be seen that the crimes done by Boko Haram have fulfilled the first 76 Ibid. 77 Triffterer, Otto (ed). "Commentary on the Rome Statute of the International Criminal Court: Observers' Notes, Article by Article", Germany: Nomos Verlagsgesellschaft Baden -Baden, 1999, at 124. 78 Ibid.
element. This can be seen from the killing of 185 civilians in the borders of Kano and the massacre of 300 civilians in one of the cities in the state of Borno. b. Element of Widespread or Systematic.
To differentiate crimes against humanity from other international crimes, the element of "widespread" or "systematic" must be fulfilled. The element of widespread is one of the elements needed to be fulfilled in order to differentiate crimes against humanity from other types of crime.
The element of "widespread" points to the number of victims. 81 Other than that, the element of "widespread" can also mean that the attacks were done massively, on a big scale, frequently, and quite collectively in a serious manner. 82 The element of systematic refers to a pattern or methodical planning, in the form of an organized pattern and follows a regular pattern. 83 If the second element is being linked to the Boko Haram case, the series of attacks done by Boko Haram since 2009, including the murder of more than 5.000 civilians in several states in Nigeria, especially the northern part of Nigeria. The main targeted cities by Boko Haram include Borno, Yobe, Adamawa, Izghe, and Gamboru Ngala. 84 The pattern of attack done by Boko Haram has similarities that include murdering, abducting, destroying civilian, public objects,