Between Ethics and Politics: Lessons from Biafra: The Role of the International Community and Its Sociopolitical Implications

By Tobe Nnamani

Although many years have elapsed since the demise of Biafra, it still remains an intractable unfinished business that seriously threatens the corporate existence of Nigeria. Most of the literature on Biafra tended to dwell more on the historical and political analysis of the war and how the factors that engendered it could be tackled. It appears however, that no ethical analysis of the issues involved in the Biafran war has been carried out in any significant academic endeavour, hence the reason and need for a critical analytical survey of the ethical and political implications of the role of the world community in the unprecedented events that took place in Biafra.
The purpose of this book is, first, to understand the twist and turns of the events and issues involved in the Biafran crisis and the role the international community played in the war. Second is to articulate the complex nature of humanitarian intervention and to stress the relevance of ethics, its interpenetration, and tandem relationship with international relations on a broader level, and in particular, humanitarian intervention as a foreign policy action.
The main claim of our argument is that ethics is part and parcel of international relations. Divorcing ethics from international relations leads to amorality that threatens the world order. In other words, it is argued that ethical considerations should guide international affairs and the undertaking of humanitarian intervention. Behind this basic thesis, the book defends the idea of a global ethic. Global ethic means an ethic which acknowledges respect for human life and the interconnectedness and interdependence of all human beings. It is an ethic which transcends the circumscribed confines of national boundaries and economic and geopolitical interests and opens them up to the larger urgent need, well-being, peaceful coexistence, and sustainability of the larger world community.
Tobe Nnamani

• Language: English
• Publisher: AuthorHouse
• Release date: Jun 8, 2016
• ISBN: 9781524611828

Tobe Nnamani

Tobe Nnamani is a priest of the Missionaries of St. Paul of Nigeria. He studied Philosophy and Theology at the National Missionary Seminary of St. Paul, Abuja / Nigeria. He holds a Master of Arts (MA), degree in Religious Studies, a Licentiate (2000) and a Ph.D. in Socio-Political Ethics (2004) from the Catholic University of Leuven - KUL, Belgium. He is the Executive Director of Peoples’ Creative Empowerment International (PCEI), a non-governmental organisation committed to grass-root empowerment of community based-organisations and Founder of the Tobenna Light Care Foundation. He is also the author of two collections: ‘Omalugo’, Nigerian folk stories and ‘To Be or Not To Be’ Nigerian creation stories. Tobe Nnamani is currently, a senior lecturer at the National Missionary Seminary of St. Paul, Abuja/Nigeria.

Book preview

Between Ethics

and Politics:

Lessons from

Biafra

The Role of the International Community and its Sociopolitical Implications

Tobe Nnamani

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Published by AuthorHouse 07/19/2016

ISBN: 978-1-5246-1183-5 (sc)

ISBN: 978-1-5246-1181-1 (hc)

ISBN: 978-1-5246-1182-8 (e)

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Contents

Dedication

Acknowledgement

Foreword by Obiora Ike Vorwort von Bernhard Uhde

Preface

General Introduction

Chapter One

The Nature of Humanitarian Intervention

Introduction

1.1    Defining Humanitarian Intervention

1.1.1    Origins and Evolution of Humanitarian Intervention

1.1.2    Influences and Contributions from Humanitarian Agencies

1.1.3    Early State Practice of Humanitarian Intervention

1.1.4    Codification and Institutionalisation of Humanitarian Concern

1.1.5    International Humanitarian and Human Rights Laws

1.2    Evolution of the Concept of Sovereign Statehood

1.2.1    The Peace of Westphalia and Consolidation of State Sovereignty

1.2.2    Modern Concept of Sovereign Statehood

1.2.3    Humanitarian and Human Rights Laws versus Sovereignty of State

1.2.4    Contextual Interpretation of Sovereign Statehood

1.3    Who Has the Right to Intervene?

1.3.1    Unilateral Humanitarian Intervention

1.3.2    Multilateral Humanitarian Intervention

1.4    The United Nations: Global Peace and Security

1.4.1    The UN Charter as Binding International Law

1.5    Models of Humanitarian Intervention

1.5.1    Abstention Model

1.5.2    Relief and Peacekeeping Model

1.5.3    Peace Enforcement Model: Military Humanitarian Intervention

1.5.4    Reconstruction Model: Peacemaking and Peace-building

1.5.5    From Peacekeeping to Humanitarian Intervention

1.6    Summary of Arguments for, and against Humanitarian Intervention

Conclusion

Chapter Two

The Nigeria- Biafra War: A Brief Survey

Introduction

2.1    The Setting before the British Conquest

2.1.1    The Northern Kingdoms

2.1.2    The Western Kingdom of Oyo and Benin

2.1.3    The Peoples of Eastern Nigeria

2.1.4    The Trans-Atlantic Slave Trade

2.1.5    The Advent of Islam in Northern Nigeria

2.1.6    Christian Missionary Activities in Nigeria

2.2    The Colonial Setting

2.2.1    Amalgamation and Indirect Rule in Nigeria

2.2.2    Major Constitutional Developments Prior to Independence

2.2.3    The Emergence of Nationalism, Party and Ethno-Partisan Politics

2.2.4    Pre-Independence Ethnic-Minority Challenge

2.3    Prelude to Tragedy I: Remote, Proximate and Immediate Causes

2.3.1    Prelude to Tragedy II: Independence and the Crises Years

2.3.2    Prelude to Tragedy III: The Military Revolution of January 15, 1966

2.3.3.    Prelude to Tragedy IV: Pogrom Phase I, Counter Coup of July, 1966

2.3.4    Prelude to Tragedy V: Initial Peace Negotiations

2.3.5    Prelude to Tragedy VI: Pogrom Phase II

2.3.6    Prelude to Tragedy VII: Peace Talks II – the Aburi Accord

2.3.7    Prelude to Tragedy VIII: The Death of Aburi Accord

2.4    The Nigeria-Biafra War: A Brief Survey

2.4.1    The Impact and Effects of the War

2.4.2    Human Casualties: Loss of life and Personal Injuries

2.4.3    Destruction of Manpower and Infrastructure

2.4.4    Health and Environmental Disasters

2.4.5    Economic Losses

2.4.6    Dislocation of Political and Psycho-Social Life

Conclusion

Chapter Three

The Role of the International Community

Introduction

3.1    When Mediators Become Obstacle(s) to peace

3.1.1    East Africa Offers to Mediate: A Bright Prospect for Peace

3.1.2    Kinshasa Peace Talk: OAU Hijacks and Obstructs Peace Talks

3.1.3    Lagos Peace Talk

3.1.4    Commonwealth Peace Initiative

3.1.5    Kampala Peace Talk

3.1.6    Niamey Preliminary Peace Talk

3.1.7    Addis Ababa Peace Talk

3.1.8    Algiers Peace Talk

3.1.9    UN Refuses to Mediate: Abdicates Its Responsibility

3.1.10    Monrovia Peace Talk

3.1.11    Other Peace Efforts

3.2    Relief Agencies and Politicisation of Humanitarian Assistance

3.2.1    Non-governmental Relief Agencies

3.2.2    Governmental Agencies

3.3    The Demise of Biafra

3.3.1    The Role of the British Government: Remote Factors

3.3.2    France: Ambivalence mixed with Political and Economic Interest

3.3.3    The Soviet Union: In Search of Foothold in West Africa

3.3.4    The United States: Solidarity with an Ally and Economic Interest

3.3.5    Assistance from Other Non-African Countries

3.3.6    Some African Countries: Penchant for Territorial Sovereignty

3.3.7    The Role of Civil Society

3.4    Biafra: The Case for Self-Determination

3.4.1    The Concept of Self-Determination: A Brief Overview

3.4.2    Biafran Self-Determination: The Pros and Cons

3.4.3    Violation of Fundamental Human Rights of Biafrans

3.4.4    Nigerian Unity and Territorial Sovereignty in Proper Perspective

3.4.5    Instances of Self-Determination by Consensus or War

3.4.6    Status of Biafran Self-Determination in International Law

3.4.7    Biafra and Diplomatic Recognition

Conclusion

Chapter Four

The Ethics and Politics of Humanitarian Intervention

Introduction

4.1    The Ethics of International Relations

4.1.1    Evolutionary Origin of International Relations

4.1.2    Ethics and Politics of Humanitarian Intervention

4.2    Basic Issues in Humanitarian Intervention

4.2.1    Non-Military Preventive Measures

4.2.2    The Use of Early Warning Indicators

4.2.3    Tackling Roots Causes of Conflicts

4.2.4    Role of Non-Military Organisations and Collective Security

4.2.5    Creating Favourable Economic Conditions

4.2.6    Furtherance of Democratic Structure and Good Governance

4.2.7    Limitation on Arms Trade

4.3    Curative Measures: The Use of Coercive Means

4.3.1    Quick Decision to Intervene

4.3.2    Clear-cut Mandate and Achievement of Strategic Goals

Conclusion

Chapter Five

Between Ethics and Politics: Lessons From Biafra

Introduction

5.1    Biafra in Retrospect: Ethico-Political Implications

5.2    Emerging Trends in Humanitarian Intervention

5.3    The Unfinished Business of Biafra

Conclusion

Bernhard Uhde Religionen Und Religiöse Ethik – Gewaltmonopol Oder Friedenspotential In Konflikten?Ein Essay

List of Abbreviations

Bibliography

Dedication

This book is dedicated to:

My dear mother - Beatrice ‘Nweke Nwanjom’ whose wise decision for the family not to leave our home during the war made my survival and writing this book possible; the General of the Biafran People’s Army, Dim Emeka Odumegwu-Ojukwu and his gallant soldiers, the four veterans in the OAU - Julius Nyerere of Tanzania, Felix Houphet-Boigny of Ivory Coast, Kenneth Kaunda of Zambia, Oma Bongo of Gabon, Frederick Forsyth, Gustav von Rosen of Sweden, Caritas International, Jointchurchaid, Rev. (Msgr.) Dr. Georg Hüssler, Rev. Fr. Tony Byrne, all Christian Missionaries who worked in Biafra; all those who assisted Biafra and all those who lost their lives in the Biafra war, especially the 31 foreign Pilots who either crashed or were shot down by Nigeria Air Force.

Acknowledgement

I am greatly indebted to so many people without whose efforts and contributions my research in this field of study and the eventual publication of its fruits would not have been possible. I thank the Almighty God for giving me the courage and good health to undertake this study. My sincere and profound gratitude goes to Prof. (Dr.) Msgr. Obiora Ike, who conceived the initial idea of my overseas studies. I cannot thank him enough for this golden opportunity. Prof. Ike’s continued support and encouragement, especially during trying periods, is an eloquent sign of his indomitable spirit of survival even in the midst of seemingly insurmountable odds. It was this optimism and the utilization of his diverse links that brought me into contact with a dynamic, generous and wonderful woman - Mrs. Elke Martin-Ehret, who dramatically changed the whole situation since 1997 into a bright prospect that brought about the research in this field. I hereby express my profound gratitude to her and her children - Patricia and Raphael and the staff in her Auditing Firm - Martin-Ehret, for their all-round support not only in the course of this research but also for integrating me into a wonderful Germany community.

Prof. Dr. Johan Verstraeten - the amiable promoter of my dissertation to get a PHD in Social-Political Ethics at the Faculty of Theology, Catholic University of Leuven, Belgium, made invaluable contributions to this research - his gentle but critical mentoring was a great source of inspiration for me. This book is a revised version of this doctoral thesis. Many thanks also go to the staff of this Faculty of Theology for their academic guidance in that citadel of critical learning. My sincere gratitude goes to the Missionaries of St. Paul of Nigeria on whose platform I was able to get the opportunity for further studies abroad, especially to my then Superior Very Rev. Fr. Felix Elosi and Fr. Damian Eze for the role they played in my overseas trip. I am immensely grateful to Prof. Dr. Dr. Bernhard Uhde of the Albert Ludwig University, Freiburg, Germany, whose encouragement did not only make possible the publication of this book - he also undertook the financial cost in addition to taking the pains and time to go through the manuscript and making insightful contributions. Prof. Uhde’s sharp wit, clarity of thought and possession of a repertoire of vast knowledge in world religions are simply amazing and inspiring.

I thank in a special way, Prof. Dr. Dr. Anacletus Odoemena for his trust and brotherly support by providing me with a very important document (Verpflichtungserklärung) that enabled me to stay in Germany at the initial stage of my studies. Late Mrs. Elizabeth Frey of Friedrichshafen, Germany, equally deserves a pride of place In the list of persons who supported me in a very significant way during my trial days in Germany - by becoming my second mother - and making immense financial commitment - may God reward and rest her gentle soul in perfect peace.

Others who contributed to the research and publication of this book in no small measure include: Barrister Nneamaka and Dr. Emma Udogu who provided me with a laptop computer at the beginning of this research - may God reward you a million-fold for being such wonderful friends. Mrs. Christa Mussler made a very valuable contact for me in Baden-Baden. She and her family have continued to give a helping hand now and again throughout the course of this research. Late Fr. Bernhard Biggot and Fr. Michael Zimmer and the parishioners of St. Dionys, Bade-Oos, St. Katharina, Sandweier and St. Bartholomeus, Haueneberstein played a very important role in the course of this research - I say thank you for your love and kindness. I thank Andrea and Jürgen Sonder, Adrian and Dr. Nicolas Sonder for their special friendship, encouragement and heated humanitarian arguments on international relations. The Bund Katholischer Unternehmer (BKU) Freiburg made valuable financial contributions in support of my research - I thank you all for your generosity. Some parts of this book have also been presented in International Conferences and Journals. I wish to thank Prof. Dr. Chima Korieh of Marquette University, Milwaukee, USA, for facilitating the publication of some portions of this book in an edited collection.

Many thanks also go to Julia and Rudi Schätzle, Ursula and Werner Friedman, Karl-Heinz and Ingeborg Heite, Kolpingsfamilie Baden-Oos, Walter Allen II - former Mayor of Covina, United States of America (USA), who used his influence to provide me with enormous materials for my research at the University of California, Tracy and Mike Aycok, the Guerero family of Lake Jackson, US, Prof. Dr. Paul Pedisich of Brazosport University, Texas, Lilie Rubin, Shiela and Philip Newton, Connie and John Murphy, late Prof. Oye Cukwurah, Friedrich Forsyth - who lived in Biafra and provided me with enormous amount of useful materials, Eloka Nwolisa and his family, Mrs. Gerda Renz, Rev. Frs. (Dr) Peter Safari, Uzochukwu Njoku, Sebastian Onah, Greg Nwachukwu, Law Nwankwo, Emmanuel Omanukwue, John Okoro, Rev. Fr. Dr. Raph Asika, Rev. Fr. Mathias Selemobri - (for being a brother in a very critical moment), Msgr. Dr. Anthony Egbo, Very Rev. Fr. Chike Tony Nnamah. I also thank my brothers and sisters and friends - Sylvester, Cletus, Ebele, Maria, Felicia, Charity, Blessing, Chief Joe Mmeh, Chris Okpala for their support and care. I am aware that this list is far from being exhaustive and for those I cannot mention their names here for want of space, I express my most sincere gratitude to you for your love and support. I wish you all God’s choicest blessings.

Tobe Nnamani, August, 2016.

Foreword by Obiora Ike

Vorwort von Bernhard Uhde

It is a great pleasure and honor to write the foreword to this recent book by Father Tobe Nnamani which contents deals directly with the relationship between the subject of ethics and the practice of politics in daily life, the scope, role and involvement of humanitarian agencies and institutions in crisis zones worldwide, but more importantly, the history of the Nigeria and the Biafra civil war of 1967 to 1970.

History as we know it, cannot be divided into watertight compartments. One event often precedes and succeeds another in a chain of linked activities, so that happenings at a particular time are historically linked to the past, the present with their impact in the present. To understand therefore the happenings of one era, an epoch or a historical situation, one must necessarily look back at earlier events and how their summation translates to history. This wisdom is summarized in the famous proverb found amongst the Igbo people of Nigeria that people who do not look back to posterity, cannot easily look forward to prosperity.

In five compact chapters, Tobe Nnamani has, with masterly skill, gathered in one volume, a concise historical picture of relevant facts, archival materials, oral sources, personal experiences and stories founded on researched materials, interviews and analysis of events, all of which make up the substance of this book.

Even though the bulk of the book has focus on the reality of Nigeria from pre-literary historical era, the work is grounded on much of evidence located in events since the British colonial period in Nigeria which only recently in 2014, clocked one hundred years in its evolution as one united and amalgamated country. In essence, the theories or postulations in the work are subject of living persons of either the first or second generation. This historical equation of a work within living memory gives the author a chance of credibility of narration since evidence not valid would be disproved by living witnesses.

I have read this narration with relish. The conversation within and without Nigeria on the history of the country, the civil war, the political dimensions of nation building, colonial rule and Its fall-outs remained for a long time subjects not taught in public institutions within the country. Indeed, Nigeria succeeded through its Federal Ministry of Education under bad administrators and political bureaucrats to eliminate the teaching of history as a subject in the educational curriculum. This great aberration which calls for an immediate reversal makes the book by Father Nnamani relevant, for here is one of us, who looks at history and its narratives and constructs them into a whole, therefore taking the bull by the horns to call a spade a spade and put logic in a system that thrives on oral narration, hear-say and prejudice. The author has placed the facts on the table. Let those who may, disprove of the factor content. In any case, a conversation around the historical background and present analysis of happenings has started.

The bulk of the credit of the work however lies in something else, namely, in the international discussion raised on the moral value, role and scope of international humanitarian agencies in crisis situations such as Biafra. A critique is valid around their scope and activities in making the help they offer to become both pre-emptive and life-saving intervention. Surely, the wars are not caused by the international humanitarian agencies. These come as helpers of last resort to assist lives, broken homes and endangered peoples and they offer invaluable assistance when the political agitators have fueled crisis and endangered human lives.

Nonetheless, the book leads the reader to think of a situation where humanitarian assistance at all levels could engage in asking questions that deal with the ethics of right and justice to have a space in the politics of the actors who often are found in the Western Hemisphere of Europe and America. The case of the Biafra-Nigeria civil war of over thirty months gives credence to this reflection. For all those who lived this war from the side of the victims, a critical observation leads to ask of what humanitarian assistance could mean if it did not alongside push its charitable and restorative services as tools in the hands of the political actors who organize the wars, sell the arms, do the propaganda and maim innocent lives with weapons often sold in the land of the oppressors and masters of the destiny of men and women, namely the colonial and neo-colonial powers.

Since this is not an introduction but simply a foreword, I shall limit my comments at this stage to commending the author, Reverend Father Tobe Nnamani, a priest of the Missionary Society of St Paul, an academic and prolific writer, a true patriot and Africanist of repute whose studies in Germany and Belgium gave him the tools of research, discipline, focus and humanity. Tobe has vision, energy and courage. This is one work which definitely shall join the enduring ones on the history of Nigeria and Biafra and the intervention and role of humanitarian agencies vis-á-vis the relationship between ethics and politics. I recommend the work to all people who deeply search for the revision and proper understanding of history and its relevance for human activities in the present.

Surely, Nigeria at this time in 2016 stands to repeat the mistakes of history if such works as that of our present author are not read, understood and internalized for the public and private actors of nation building at all levels of international collaboration.

Ethical action demands of political translation. This is the essential message of this unique book and we need to hear much more of this message.

Obiora Ike

Preface

In the second week of January 1970, I had a traumatic but saving experience. The incident took place in my village Egudene – about 40 kilometers from Enugu, the first capital of the defunct Republic of Biafra. It was the period of our annual few weeks winter when it really gets cold. On that fateful day, we sat around the fire warming ourselves and waiting for breakfast. Suddenly, the Nigerian Federal soldiers who had become our unwelcome neighbours since 1967 surrounded our compound. They were armed to the teeth. At gunpoint, they commanded us to raise our hands in surrender. While a group of soldiers pointed their riffles at our heads, others ransacked our houses and emptied the contents of every box and bag. The result of the search yielded an old Dane gun, which had been out of use before I was born. According to the soldiers, the gun was evidence that we were saboteurs. For this reason, all the members of my family – 21 in number - were lined up to be summarily executed. Incidentally, the guide for the soldiers, one Mr. Okonkwo, was my mother’s customer who used to buy palm oil from her. She tried to no avail to persuade him to prevent the soldiers from annihilating the family.

Five soldiers were appointed to send us to the other world but before the commander could give the order to fire, something extraordinary happened. He bent down to listen to news from a small radio lying on the ground. Simultaneously, thunderous shouts of joy and jubilation from the neighbouring villages rent the air. When the commander stood up, he gave sign to the soldiers to put down their guns – the war has ended! As the soldiers embraced each other and exchanged greetings of ‘happy survival’, we were overwhelmed and transfixed. None of us was able to speak or move. It was indeed like a dream and a real miracle for our last prayers were already on our lips. A few minutes hitherto, 21 bodies would have littered the compound.

While my family miraculously escaped this cold-blooded murder, many others from former Eastern Nigeria were not as lucky as we were. In fact, such massacres were common occurrences in the last century, which some have described as a century of genocide. The Biafra war (1967-1970) is unique in the history of humanitarian intervention because of the role the world community played in the events that precipitated it and the way it was prosecuted. The twist and turn and the carnage that characterised Biafra give penetrating insight into the workings of global economic alliance; its ethical and political implications and the polarity it generated in terms of ‘people’s power versus government power’.

A few incidents widened my perspective on the delicate and controversial nature of the Biafra war. I became quite aware that some aspects of the war strike a raw nerve and evoke unpleasant feelings whenever they are mentioned in some quarters. Hence, after initial discussion with my Promoter on the topic, it was decided that the abstract would not be published in the Internet website of the Faculty as a precautionary measure to forestall any obstacle that might occur. As I continued to present my research findings in some Faculty seminars, many professors kept asking why the abstract was not published on the Internet.

In June 2001, I went on research trip to the Royal Institute of International Affairs in London. I filled a request form detailing some books and documents dealing on Biafra. To my surprise, I was told that I needed the permission of the then Home Affairs Secretary - Jack Straw - to access the books. In my amazement, I consulted a very good friend of Biafra - Frederick Forsyth - who told me not to bother to ask for such permission because it would not be granted. He suggested that I rather seek other alternatives to get whatever materials I needed for my research. The recent declassifying of British Foreign Office Secret Files on Biafra confirms to a large extent, most of hitherto purported statements on the British role in the Biafran war.¹ It was then that I turned my attention to the University of California where Walter Allen II (then Mayor of Covina and an Alumnus), facilitated the borrowing of abundant and useful materials that enabled me to come up with valuable sources that enhanced the writing of this book.

Another incident was my interview with Emeka Ojukwu - one of the main Protagonists in the war. I visited Ojukwu in his house in Enugu in 2001 and after interviewing him for several hours, I requested to take some materials to photo-copy but he looked at me in amazement and said that if I stumbled into anyone who knew the value and importance of the documents in my hands, I could be killed and the document would be taken away. He rather advised me to either bring a photo-copying machine into his house or copy whatever I could be by hand. He also added that if he was not able to publish some of the sensitive materials, his children and friends would do so later. This is because, according to him, a lot of those who played unethical roles in the war were still alive and for that reason, it would be more auspicious to publish the materials when they would have gone to the Great Beyond.

And yet another surprise! At the National Archive in Enugu - capital of the defunct Biafra, I filled a form to get some books on Biafra. After about one hour, the Library attendant was nowhere to be seen. I got impatient and went to the counter to enquire why. The female attendant came out with her nose covered and beckoned on me to come and see where the books were lying on the floor and rotting away. She further explained that the reason for the delay was because she had to, literally, pick up each book on the floor to compare if it matched what I wanted. The Nigerian government, according to her, was not interested in preserving the books and that is why they were not shelved. I then requested to see the Chief Librarian who lamented that he had, on several occasions, put in requisitions for those books to be shelved to no avail. Consequently, I became more aware of the reason why many of the actors would not like to allow certain materials to come to the public domain. Even the teaching of the Biafra war history and the issues that brought about the war are shallowly glanced at, distorted or even suppressed.

The last hurdle came when I submitted the draft of my research for doctoral defence in 2003. After a panel had gone through it, I was given a list of 27 sentences which I must delete if I wanted to defend the thesis. When I enquired to know why, I was told that those sentences were too critical of some European countries. Evidently, some of the panelists were surprised at the extent some established governments went to suppress the emergence of Biafra. From the foregoing therefore, it is no surprise why neither the technological inventions of Biafra have been further developed nor any of the inventors acknowledged or empowered to utilise the same expertise for the benefit of Nigeria and Africa especially when one considers the technological impact such development would make in globalisation.

General Introduction

Historical Background

On January 15, 1966, a dramatic event took place in Nigeria. Five majors in the Nigerian army staged a bloody coup d’ état in an attempt to topple the federal government. The coup failed but the military took over the mantle of leadership. Consequent upon that tragic event were waves of unrelenting cold-blooded massacres of peoples from Eastern Nigeria. On July 29, 1966, an even bloodier military coup struck the country once again like a sledge-hammer and set in motion a series of events that culminated in the secession of the Eastern Region as the independent Republic of Biafra.

Predictably, what started as an intra-state political turmoil crystalised into an international social armed conflict and, for the first time in a Cold War bipolar era, most major world powers found themselves courting and supporting one party of the conflict. The result of this was that the solution to the Biafran crisis depended, to a greater extent, on decisions made in London, Washington, Moscow and Paris. Consequently, the role of the international community in the thirty-month ethnic war that ensued, generated heated moral and political controversies especially over why the United Nations did not launch a humanitarian intervention to forestall further loss of life and to bring in relief aid to the needy in accordance with humanitarian and human rights laws.

Although many years have elapsed since the demise of Biafra, it still remains an intractable unfinished business, which seriously threatens the corporate existence of Nigeria. Most of the literature on Biafra tended to dwell more on the historical and political analysis of the war and how the factors that engendered it could be tackled. It appears however, that no ethical analysis of the issues involved in the Biafra war has been carried out in any significant academic endeavour. Hence, the reason and need for a critical analytical survey of the ethical and political implications of the role of the world community in the unprecedented events that took place in Biafra.

In spite of the fact that a lot has been written about humanitarian intervention, it still remains a subject of intense and heated controversy, especially with regard to the hard moral and political choices that are required in such a delicate undertaking. The recency and perennial nature of humanitarian intervention and the sympathy and emotions it evokes, push it to the front banner of world affairs. Furthermore, the complex nature of humanitarian intervention coupled with the emerging global trends bring about new challenges, which in turn pose further questions and demand adequate answers and solutions on how these emerging complexities and the resultant ambiguities interplay with previous notions, perceptions, and how the attendant problems vis-a-vis these challenges are to be resolved. Using Biafra as a specific context, this study critically examines how the emerging global patterns make a ‘global ethic’ an imperative for the survival and peaceful co-existence of all peoples of the world.

Purpose of the Book

The purpose of this book is, firstly, to understand the twist and turn of the events and issues involved in the Biafran crisis and the role the international community played in the war. Secondly, to articulate the complex nature of humanitarian intervention and to stress the relevance of ethics - its interpenetration and tandem relationship with international relations on a broader level, and in particular, humanitarian intervention as a foreign policy action. The main claim of our argument is that ethics is part and parcel of international relations. Divorcing ethics from international relations leads to amorality that threatens the World Order. In other words, it is argued that ethical considerations should guide international affairs and the undertaking of humanitarian intervention. Behind this basic thesis, the book defends the idea of a ‘global ethic’. By global ethic is meant an ethic that acknowledges respect for human life and the interconnectedness and interdependence of all human beings. It is an ethic which transcends the circumscribed confines of national boundaries and economic and geopolitical interests and opens them up to the larger urgent need, wellbeing, peaceful co-existence and sustainability of the larger world community.

The importance and value of this work is not to be sought in the quantitative volume of theoretical analysis or originality in breaking new grounds in the field of socio-political and theological ethics for what has been done is a review of existing literature and a contextualization of principles. Nor is its relevance to be found in the production of a blue-print on and a cast-iron guarantee of the course future humanitarian intervention is to take as that would be a presumptuous and an ambitious attempt. Rather, the relevance and importance of the work are to be seen from the standpoint of its application of ethical principles to a specific context of the Biafra war. Biafra is a unique example because of the interplay of internal and external factors that precipitated and shaped its outcome. The role of world-established governments was so bereft of the minimal moral and political values that many of these governments become agitated and defensive each time Biafra is mentioned. This probably explains why the war elicits only a passing comment even from world affairs analysts. Furthermore, the work is a reiteration, lest we forget, that life is sacred; that human actions have moral consequences such that no aspect of human endeavour is opaque to ethical probity.

Consequently, the history of the Biafra war having been cast into oblivion of the past, had, and still has enormous impact and consequences on the Igbo in particular, and the whole of Nigeria in general. Biafra however, is only one of those terrible things that happen, which vested interests tend to explain away or invent extraneous reasons to excuse their moral culpability. From this standpoint too, humanitarian intervention continues to be a topical and hotly debated issue. This work has made a significant contribution to this controversy by bringing together disparate elements that are generally treated separately together in one volume. Additionally, Biafra in retrospect and, in juxtaposition with current trends, reveals a significant shift in the evolution of humanitarian intervention.

Statement of the Problem

Although humanitarian intervention is not a new concept, it continues to generate heated controversy. The debate gravitates around three major issues. Firstly, is there a right to humanitarian intervention? If yes, how is this right to be interpreted and construed in international law? Secondly, who has the right to intervene and what are the parameters for such intervention? Thirdly, do ethics have any role to play in such a foreign policy action? Answers to these questions constitute the main problematic that this book sets out to investigate.

Generally speaking, three schools of thought tackle the questions from different points of view. The first school of thought argues that there is a right to humanitarian intervention and that this right is derived from international law. The second school of thought denies that any such right exists in international law. The third school of thought argues that international law provides for such intervention but charges that it is impossible to carry out such intervention on humanitarian grounds alone because national interest and geo-political calculations are the main motivating factors when such intervention takes place. In light of the above, the issues at stake become more practical in the particular context of the Biafran war.

The role of the international community in the Biafran war poses serious ethical and political questions. Ethical choices engender moral dilemmas, generate dialectics and paradoxes, which complicate and blur visibility in making right judgements. As a result, thorny questions yield unsatisfactory responses and renew the quest for adequate solutions. On the global level, it poses questions on how the world community is to be organised and the kind of relationship that should exist between the highly diverse multi-cultural and pluralistic groups of people that inhabit the earth. Can there be a redefinition of the old and competing paradigms, which might lead to a better World Order? Does religion have any meaningful role to play in conflict prevention and peace-building measures, given accusation of its tendency to foment and exacerbate conflicts rather than prevent them? These questions problematise the basic premises and purpose of this investigation and make it an interesting and exciting intellectual inquiry.

Methodological Approach

Given the interconnected components of humanitarian intervention and the Biafra war, descriptive, critical and analytical approaches are imperative. The choice of this strategy is also informed by the fact that humanitarian intervention is an interdisciplinary topic that cuts across many fields, such as history, international relations, political philosophy and theological ethics.

The book is therefore organised in two parts comprising five chapters. The first part deals with the theoretical framework and the second concretises these principles with a periscopic focus that brings the whole work to a general conclusion. Chapters one and four deal with the normative principles, while chapters two and three provide the contextual milieu to test the principles. Chapter one delves into the intricacies of the nature and normative principles of humanitarian intervention. Five major aspects of humanitarian intervention are discussed, namely, its evolutionary concept, punctuated by various wide and strict definitions; the legitimacy of such intervention in humanitarian and human rights laws; how these laws are to be interpreted vis-a-vis the principles of sovereignty and non-intervention; the United Nations and its role as the custodian of world peace and security. Other themes include the four models of humanitarian intervention and a synopsis of the main arguments for, and against humanitarian intervention. It is argued that humanitarian intervention is legal and legitimate; that it has been undertaken in the past both unilaterally and multi-laterally, and that, more than ever before, it assumes a pride of place in the emerging global trends in world affairs.

Chapter two is anchored on the specific context of the Biafra war and traces its historical background. It seeks to understand the reason behind the failure of initial peace talks in the protracted negotiations in an attempt to resolve the conflict. More specifically, it chronicles the overwhelming impacts of the role of the British in the remote, proximate and immediate causes of the war. It concludes with the impacts and effects of the war on the Biafrans in particular and Nigerians in general.

Chapter three explores and scrutinises in greater detail, the pivotal and determining role of the world community in Biafra’s struggle for secession. Three important elements punctuate this role. Firstly, it x-rays the intricacies and manipulations of abortive peace talks by external powers. Secondly, it takes a critical look at the issues involved in relief assistance which was highly politicised to the point that it became almost impossible to draw a fine line between politics and relief operations. Thirdly, it analyses the diplomatic networking in the capitals of major world powers, which determined the outcome of the war.

Chapter four brings the issues back to the probity of ethico-political normative principles in international relations. The position of this chapter in the book offers a better chance to appreciate the importance and value of moral considerations in the factors discussed in the second and third chapters. Like chapter one, chapter four takes up once again a global position in order to highlight the unavoidability of ethical judgement in internal affairs. In the course of this, it is argued that human rights, the dignity of that life and the enduring moral imperative not to destroy this life wantonly are sufficient and reasonable ethical grounds which should impel individuals, groups, nations as well as regional and international organisations, especially the UN, to act responsibly and quickly to save humanity from tyrants and despots.

Finally, chapter five takes up a concised analysis of the ethical and political implications of the role of the international community in the Biafra war in a focalised synthetic synopsis and points to would-be impact of emerging global patterns. It is argued that these new trends are the determinants of a redefined concept of state sovereignty and non-intervention; a more conscious awareness of, and readiness of the world community to protect human rights and an all-embracing concept of individual and global security. The last part of chapter five deals with the unfinished business of Biafra as the major factors that precipitated the war are still unresolved. It is hoped that the 2014 National Conference which has approved devolution of power to various geo-political zones - reminiscent of the Aburi Accord forty-nine years ago - will save Nigeria from drawing in the stagnant water of political quagmire in which it has been swimming since independence.

CHAPTER ONE

The Nature of Humanitarian Intervention

To what extent can the world community stand by and watch governments torture, intentionally starve, or forcibly relocate citizens under the protective umbrella of their appeal to state sovereignty?²

Introduction

The unfolding tragedy in Syria since 2011 and in many other places coupled with the inability of the United Nations to continue its new doctrine of the ‘responsibility to protect’ as was the case in Libya in 2011 conjure horrific images in the psyche of the international³ society. The massive slaughter of innocent human beings in cold-blood sent cold shivers into the spine of the world community that had chanted ‘never again’ after the Nazi Holocaust of World War II. Concomitantly, failed or collapsing states, ethno-cultural antagonism⁴ and religious fundamentalism,⁵ with the possibility of more massive human wrongs pose a serious threat to world peace and stability.⁶

Hence, many view the end of the Cold War in l989,⁷ as a new era of humanitarian intervention.⁸ The hitherto bipolarity that characterized the Cold War period gave way to the domination of the United States as the remaining superpower in the world. Cold-War bipolar struggle, which was predicated on ideological issues such as Marxism or socialism versus capitalism and liberal market economy, national liberation versus colonialism etc., no longer elicit the same degree of attention after the implosion of the Soviet Union.⁹ According to James Pattison, the number of humanitarian interventions since 1989 is an indication of a growing trend in this direction.¹⁰ However, the annexation of parts of Georgia (Abkhazia and south Ossetia) in 2008 and Crimea in Ukraine in 2014 by Russia brings back memories of the cold-war era as the US and Western Europe strategize to curb Russia’s perceived expansionist tendency.¹¹

However, while many view the disintegration of the former Soviet Union as a bright prospect for humanitarian intervention, others warn that it is too early to draw such conclusions.¹² Larry Diamond notes that contrary to high hopes of stability, the end of the Cold War, unfortunately, aggravates violent upsurge of ethnocentric frictions and other forms of hitherto suppressed conflicts. He anticipates instead a highly turbulent world in which regimes, boundaries, identities and resources will be intensely and often violently contested.¹³ The fact is that the demise of the Soviet Union does not mean the disappearance of unresolved causes of conflict, but it does affect the intensity or the need to deal with them effectively.¹⁴ Undoubtedly, the end of the Cold War, to a certain extent, makes it possible for humanitarian intervention to take place in areas, where superpower confrontation usually would have made it almost impossible.¹⁵ According to Anthony Coates, the Gulf War of 1991 was the beginning of such optimism of a new era of humanitarian intervention, even if it was a cautious one.¹⁶ Following on that precedent was the US interventions in Iraq and Afghanistan after the terrorist attack that brought down the World Trade Centre in New York in 2001.

Obviously, this new development has far- reaching effects on the United Nations. In the first place, as Marianne Heiberg notes, the melt down of a global power in Europe has greatly enhanced the UN capacity to mediate in, and act upon inter-state conflicts.¹⁷ In the second place, the UN stands in a very precarious position in the midst of the resultant avalanche of humanitarianism, as it tries to steer a middle course but also risks the danger of being sidelined by the US or other powerful regional organizations. This is partly due to UN’s structure, for instance, the functioning of the Security Council and the recent promises of Western democracies to put human rights above or, at least, at par with the age-old concept of sovereignty of state. The US and Western European nations are likely to take unilateral actions if the UN fails to act especially where their economic and geopolitical interests are at stake.¹⁸ Stephen Stedman notes that this new interventionism has its roots in long-standing tendencies of American foreign policy...¹⁹

Humanitarian intervention is a sensitive and hotly contested issue. This stems from its multifaceted impacts on many aspects, especially the economic and political life of both the target-state as well as the intervening state. Military humanitarian intervention is a Herculean task — a complex emergency involving political and security dimensions,²⁰ with enormous costs of lives and resources. In addition to these and, perhaps, the most agonizing, are the moral dilemmas associated with intervention and non-intervention.²¹

To categorize proponents and opponents of humanitarian intervention is a difficult task. This is because of the fluidity of the concept itself and the shifting of positions by some of its critics as well as proponents. Some who oppose it reject humanitarian intervention in all its ramifications, while others assert that it is almost impossible to undertake such a venture on humanitarian grounds. Proponents also diverge and converge on what constitutes grave human rights abuse; the degree to which this abuse threatens world peace and security; who should intervene; how much force should be used and how long such an intervention should last and a host of other volatile variable factors. For many of the proponents, stopping abuse of human rights should be the main goal of humanitarian intervention.

In light of the above introductory aspect, this Chapter explores the nature, the evolutionary origin and the concept of humanitarian intervention as it is related to the principles of state sovereignty and non-intervention and juxtaposes them with global humanitarian and human rights laws, especially the Geneva Conventions and the UN Charter on Human Rights. It tries to clarify some of the ambiguities in the controversy about the doctrine of state sovereignty and non-intervention and brings out the principles that limit sovereign states and hold them accountable in matters of domestic jurisdiction with particular reference to human rights. In doing this, we critically examine the main arguments for, and against humanitarian intervention. As the whole issue revolves around the legality and legitimacy of intervention on humanitarian grounds, and the role of the UN as the custodian of global peace and security, a sizeable portion of this Chapter analyses how the UN discharges this function with reference to humanitarian intervention. Particular attention is paid to four essential questions which constitute the main substance, namely, what is humanitarian intervention? Why should it be undertaken? Is it legal in international law? Is it legitimate?

In the main, the Chapter argues that humanitarian intervention is legal, legitimate and should be undertaken preferably multilaterally but it does not exclude unilateral actions in certain defined situations.²² The Chapter closes with a succinct synopsis of the main arguments for, and against humanitarian intervention and presents compelling logical arguments based on theory and practice in favour of humanitarian intervention.

1.1    Defining Humanitarian Intervention

Before delving into the concept and definition of humanitarian intervention, it is pertinent to set the background and describe the setting which makes humanitarian intervention an international concern. According to Thomas G. Weiss and Cindy Collins, [t]he world of humanitarian action, as seen on television and in news-papers, is one of refugees shuffling along winding dirt roads; tent villages surrounded by barbed wire; men and young boys brandishing M16s; and food tossed from the back of a U. N. truck to reaching hands and anxious, hungry faces.²³ According to their estimate, everyday, about 50 million people roam about in search of shelter and food, driven out from their homes by hunger and war.²⁴ Wars in the world.com estimated that more than 150 wars are raging on in about 24 countries.²⁵ Fred Dallmyr paints even a gloomier picture. For him ours is

[a] century littered with corpses, punctuated with global wars, genocide, gulags and ethnic cleansing. In the midst of imposing scientific and technological advances and in the teeth of development on all sides, we are confronted with a spectacle of immense human agony and tragedy. Faced with this panorama, the temptation is great to drift into morbid pessimism, perhaps into cynicism and despair. How can one still celebrate human decency and the vision of a humane order of things without appearing to shunt aside, even to insult, the victims of history.²⁶

The above is the existential context in which humanitarian intervention is discussed. It is in this context that the controversy about intervention and non-intervention takes place. The question is whether it is legal or illegal to protect helpless victims tortured, starved, dehumanised and massacred by no other but their own governments or separatist groups. Having described the background against which humanitarian intervention is discussed, it is now proper to outline the different shades of definitions of the subject matter.

The term ‘intervention’ is a broad category understood as constituting the spectrum of possible actions intended to alter internal affairs elsewhere.²⁷ According to Eknes, the term intervention is generally avoided within the UN, due to the negative connotation it carries.²⁸ It connotes a unilateral or illegal interference when undertaken without the sanction of the UN. The adjective ‘humanitarian’ further qualifies intervention as actions undertaken to advance the good of humanity.²⁹ A humanitarian is therefore a person who actively engages in promoting human welfare.³⁰ Actions taken in this regard include forcible and non-forcible measures. While the former involves the use of military force, the latter deals with issues such as diplomacy, economic sanctions and distribution of relief materials by relief agencies with or without the consent of the target-state.³¹

Humanitarian intervention according to Pattison is frequently employed to denote a wide array of international actions, from distribution of humanitarian aid to virtually any form of military intervention…³² is variously defined; some definitions are restrictive while others are more encompassing. Ian Brownlie defines humanitarian intervention as the threat or use of armed force by a state, a belligerent community, or an international organization with the object of protecting Human Rights.³³ Respect for, and protection of human life, according to Brownline, is considered as matter that requires collective action, for human life is not to be wantonly destroyed. Raimo Verwey made another attempt at defining the subject. He defines humanitarian intervention as:

The threat or use of force by a state or states abroad, for the sole purpose of preventing or putting a halt to a serious violation of fundamental human rights, in particular the right to life of persons, regardless of their nationality, such protection taking place neither upon authorization by relevant organs of the United Nations nor with the permission by the legitimate government of the target state.³⁴

For Thomas Gillespie, humanitarian military intervention is defined as the placement of armed forces of one or more states representing a regional or universal international organisation within the territory of jurisdiction of any other state, for the purpose of protecting the human rights of persons residing in the state within whose territory the intrusion takes place.³⁵ A seemingly more encompassing definition by Sean Murphy states that humanitarian intervention is the

[t]hreat or use of force by a state, group of states, or international organization primarily for the purpose of protecting the nationals of the target state from widespread deprivations of internationally recognised human rights.³⁶

According to Murphy, the last part of the definition is a broad formulation used to capture the myriad of conditions that might arise where human rights on a large- scale are in jeopardy.³⁷ There is still another element in humanitarian intervention, which did not reflect in any of the above definitions, and that is intervention in natural disasters. E. Ferris notes that all humanitarian assistance whether it involves military force or not undertaken with or without the consent of the victim country is humanitarian intervention.³⁸ Peter MacAlitser-Smith also adds that the rescuing or freeing of persons or nationals held hostage or subjected to inhuman treatment is slightly different from what is classically referred to as humanitarian intervention.³⁹ According to him, freeing of hostages falls under self-defence or war of aggression. Intervention in this case has another goal, namely to defend one’s citizens or territorial integrity.

However, for Mason and Wheeler, emphasis on humanitarian concern is not enough to warrant a pragmatic realistic intervention. In their view, a broader definition is an intervention which occurs:

When, and only when, one or more states (or perhaps an international body) intervenes with military force, or the threat of such force, in a territory that is beyond their jurisdiction, where a weighty and non-instrumental part of their reason for doing so is to end the suffering or oppression of some group who live in it.⁴⁰

For an intervention to qualify as humanitarian, Mason and Wheeler argue that it is not necessary that the sole aim be justified on humanitarian grounds. In their view, national interest should rather be a constitutive element if that intervention is to be empirically applicable.⁴¹ This adds yet another element