Abstract
This research examines the abduction and rape of the Chibok girls of Nigeria by Boko Haram as
a form of torture under international law. It carries out the backgrounds of the law against torture
and rape in international law to better understand the motivations behind this prohibition. It goes
further to ascertain the elements of torture that constitute rape.
The research adopts the black-letter law approach also called doctrinal research. This
methodology composes of a descriptive and detailed analysis of the legal rules applicable to the
research. The legal rules found in the primary sources include statutes, cases and regulations.
Secondary sources include journal articles, books, reports, policy documents, case laws and
internet materials. Information obtained from these sources were subjected to critical analysis.
The research revealed that the acts of Boko Haram against the Chibok girls constitute torture in
international law. Therefore, the Boko Haram group can be prosecuted for torture with respect of
the abduction and rape of the Chibok schoolgirls under international law. This is even though they
are non-state actors. The critical analysis of the UNCAT and other international law instruments
further buttresses this point. The study also reveals that Nigeria failed in its obligations under
international law to prevent, investigate, and provide redress for the crime of torture committed
against the Chibok schoolgirls.
The research concludes that classifying the abduction and rape as torture rather than as a form
of cruel, inhuman or degrading treatment or punishment has practical implications for achieving
accountability and redress for the Chibok girls in Nigeria. The nature of torture is non-derogable
and has attained the status of Jus Cogens in international law. Members of the Boko Haram group
can be prosecuted for individual criminal responsibility for the offence of torture. Also, the leader
of the group (Shekau) can be prosecuted for command responsibility in the international criminal
court.