Assessing the Incidental Effect of Military Explosive Weapons on Civilians in Tudun Biri, Igabi, Nigeria and its Implications for International Humanitarian Law and Domestic Law

Abstract

This study examines the incidental effects of military explosive weapons on civilians using the December 3, 2023 drone strike in Tudun Biri, Igabi Local Government Area of Kaduna State, Nigeria, as a case study. The attack, which occurred during a Maulud gathering, resulted in significant civilian casualties and raised serious concerns about the protection of non-combatants in internal security operations. Using a doctrinal research approach, the study analyzes the incident within the framework of International Humanitarian Law (IHL) and Nigerian domestic law, particularly the principles of distinction, proportionality, and precaution. Findings reveal systemic failures in target verification, the disproportionate use of explosive weapons in populated areas, and weaknesses in domestic accountability mechanisms. The research further highlights the neglected psychological and socio-economic consequences of such attacks on affected communities. The study concludes that stronger legal oversight, improved military operational protocols, and a statutory compensation framework are necessary to align Nigeria’s counter-insurgency operations with international humanitarian and constitutional standards.