During the sixth century, the Byzantine Emperor Maurice issued strategies that, among others, catered for injured soldiers or civilians.604 A similar situation
occurred during the thirteenth century, when knights’ rules of chivalry included ‘a duty to act honourably in war.’ These rules were in place to provide justice, loyalty, honour, mercy, and the duty not to kill or take advantage of a vanquished enemy.605
Similarly, Richard II’s Ordinance decreed death for acts of violence against women and priests and the desecration of churches.606 Likewise, Henry V’s
Ordinance of War 1419 codified rules protecting women and clergy.607 By the
601 G. S Steward 2003. Towards a single definition of Armed Conflicts in International
Humanitarian Law.
602 Geneva Conventions (1949), Statute of the International Red Cross and Red Crescent
Movement. Art.5 para 2(g).
603Rogers, Anthony Peter Vernon 2004 Law on the Battlefield. The JUSTICE Journal
604C. E. Brand Roman military Law. Austin University of Texas. (1968), 195-6. Timothy L. H.
MaCormack; from Sun Tzu to the sixth committee; The Evolution of an International Criminal Law. Regime.
605 Meron, Theodor 1998 Bloody Constraint: War and Chivalry in Shakespeare.
606 Schwarzenberger, Georg. International Law as Applied by International Courts and Tribunals.
Stevens, 1957.
607T. Meron. ‘Henry’s wars and Shakespeare’s laws: perspectives on the law of war in the later
twentieth century armed conflict had changed immensely but the laws of armed conflict (LOAC) remained unchanged.608 Schindler distinguishes LOAC as
‘conducting war honourably while avoiding cruelty,’ indicating rules of battlefields.609 However LOAC was dependent on three interdependent
principles: military necessity, humanity, and chivalry.610
5.9.2. Principle of military necessity
Under the Geneva Convention, the principle of military necessity applies subject to the principle of humanity and chivalry.
‘A belligerent is said to be justified applying any amount of force on a state to compel the submission of the state by an attack or action which is intended to help in the military defeat of the enemy; or an attack on a military objective, and the harm caused to civilians or civilian property must be proportional and not excessive in relation to the concrete and direct military advantage anticipated.’611
This could be argued to be permitted when accompanying legitimate military purpose.612 However, this is not the case with conflicts in Nigeria. It could be
further argued that the militants and the security forces likewise used excessive
war in Shakespeare: international vs. internal armed conflict’ (1997-1998) 30 International law and politics 251-90. A few fundamental precepts of the code of chivalry were: granting of quarter between knights, respect for churches and the clergy, and fair treatment of prisoners, whereby once a soldier is made prisoner, mercy needed to be shown and a ransom would generally be demanded. See also M. H. Keen, The laws of war in the late Middle Ages (London: Routledge and K. Paul, 1965).’
608Schindler, Dietrich 1988. The Laws of Armed Conflicts: A Collection of Conventions,
Resolutions, and Other Documents.
609 War Department Fielf Manual (FM) 27-10, Rules of land warfare, United States Govt. 1947. 610 B. Carnahan. ‘‘Lincoln, Lieber and the laws of war: the origins and limits of the principle of
military necessity’ (1998) 92 AJIL 213-31 at 215’.
611 Geneva Conventions. Article 52 of Additional Protocol I to the Geneva Conventions provides
a widely accepted definition of military objective: “In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.”
612 Military Necessity and Humanitarian Imperatives. Draper Gerald I. A. D. in RDMDG, vol 1212
forces on civilian population that could not be justified under any conditions.613
Comparably, during the Wilbros episode and the Odi Massacre, the Nigerian military were accused of using excessive (unjustified) force.614 Even with
photographic evidence attached, there was no accountability demanded by the judicial system of the country,615 thereby exposing the system’s non-
compliance.616
5.9.3. Principle of chivalry
The chivalric code is associated with the medieval institution of knighthood.617
This code played an important role in the development of law of wars and is the fundamental principle of law and binding rules of conventional nature.618 The
principle prohibits the resort to dishonourable means of attaining an end, especially unconvincing, improper, or immoral conduct.619 This chivalric code can
be found in numerous world civilizations, including African warriors, with shared common characteristics on the meaning of warfare, fair play, and treachery in battle.620
613 Human Rights Watch December 22, 1999 Nigerian Army Accused of Excessive Force, Rape
in Niger Delta.
614 Human Rights Watch. The Destruction of Odi and Rape in Choba: The Nigerian Army Accused
of excessive force, Rape in Niger Delta.
615 ‘World Scarred by history: The Rape of Nanking’ (December 13, 1997).
616 Cihan Aksan and Jon Bailes. Editors of the book U. S. State Terrorism, Morality, Justification
and Responsibility.
617Terry Gill, ‘Chivalry: a principle of the law of armed conflict,’ Armed Conflict and International
Law: In Search of the Human Face (Springer 2013) 33.
618 David Crouch. The Birth of Nobility: Constructing Aristocracy in England and France 900-1300
(Harlow, UK: Pearson, 2005), p.7.
619 Shannon E French. (2003). the code of the warrior: exploring warrior values past and present.
Rowman & Littlefield Publishers.
620Mike Albo. Greenwood C (2008) Historical development and legal basis. In: Fleck D, Bothe M
(eds) the handbook of international humanitarian law, 2nd edn. Oxford University Press, Oxford, pp 1-43.