AN ASSESSMENT OF THE PROTECTION OF CIVILIANS IN ARMED CONFLICTS UNDER INTERNATIONAL HUMANITARIAN LAW

ABSTRACT

All the way through the distant blurry past of ancient times right up to this contemporary era, it has been established that humanity have always had defined patterns and rules of engagement when it comes to the art of warfare. In our society of today, such patterns are even more profound as the existence of certain laws have circumscribed the bounds of conflicts both domestically and internationally, with particular emphasis on the protection of civilians caught up in such hostilities. Most of these significant normative developments that seek to protect civilians in armed conflicts came into existence in the aftermath of the Second World War, which wrecked havoc upon mankind. Be that as it may, a critical evaluation of the level of adherence to the dictates of these regulations and protocols reveals that there exists a lot of loopholes in their implementation globally. To this end, this study appraised the provisions of international humanitarian law as regards the protection of civilian lives and objects in the course of armed conflicts. The study also examined the instances where civilians lose their protection under international humanitarian law. Furthermore, it assessed the extent to which these laws and protocols protecting civilians are being contemporarily kept in perspective in events of armed conflicts globally. It ends by making recommendations on how these protocols and conventions establishing the protection of civilians in armed conflicts can be appositely enforced.

Keywords: Armed Conflict, Civilians, International, Humanitarian, Law, Protection.

             

 

CHAPTER ONE

INTRODUCTION

1.1  BACKGROUND OF STUDY

Whilst it is inevitable for people to be attacked in the event of a war, International humanitarian law on the flip side concerns itself with the categories of persons upon which such attacks can be carried out on. A fine disparity is drawn between combatants and the civilian population. According to humanitarian law, all people not taking a direct part in hostilities shall be treated humanely in all circumstances, without any adverse distinction.^[1]This is one of the fundamental principles upon which humanitarian law is anchored. These categories of people are generally referred to as civilians. Civilians under the scope of humanitarian law include persons who are not members of the military or any other organized armed group. Hence, both individuals and non-military organizations such as the Red Cross fall under the classification of civilians.

The 1949 Geneva Conventions as well as their 1977 Additional Protocols incorporate the detailed rules that protects civilians in the event of hostilities and armed conflict. The principle have been domesticated into the legal frame work of different countries, and have also been integrated to military doctrines. However, its implementation globally has been very unsatisfactory, as over the years, violence has been meted on civilians in the course of armed

hostilities.

Hence, this study builds on the extant findings of previous research works. Its survey further corroborates such inquiries by reviewing the extent to which civilians are protected in the course of armed hostilities within the scope of international humanitarian law. It also gives a detailed analysis on the methods of warfare under International law, dwelling on the rules of engagement and combat. Emphasis is as well placed on understanding who a civilian as represented within the scope of this study is.

A novel ground is explored to identify the grey areas in the existing conventions that lay down the principles for the protection of civilians in armed conflicts and ways by which such loopholes can be mended.

1.2  STATEMENT OF PROBLEM

The chronicle of the plight of civilians in circumstances of hostilities and armed conflicts globally has not been a pleasant one. The 1949 Geneva Conventions and their 1977 additional protocols, as well as other subsequent conventions on international humanitarian regulations have laid down certain rules to protect civilians. Despite the existence of these conventions and protocols, attacks on civilians in the course of armed conflicts have been a recurrent happening in the sphere of global warfare.

The major reason giving rise to the above stated problem is lack of proper implementation of the dictates stipulated by the various extant conventions and protocols on the protection of civilians in armed conflicts in the realm of international humanitarian law. Hence, this problem of lack of adherence has raised a fundamental question as regards the extent by which the principle of civilian exclusion from attacks in armed conflicts has been implemented over time.

1.3  OBJECTIVES OF RESEARCH

This research aims at giving a panoramic view of the protection of civilians in armed conflicts as provided for under international humanitarian law, with particular emphasis on the implementation of international conventions and protocols established to that effect. Hence, steaming from the aforesaid, the objectives of this research are:

1. To examine the provisions of the Geneva Conventions of 1949 and the 1977 Additional

Protocols, analyzing its effects in international humanitarian law and it’s attendant lapses.

1. To highlight the extent to which a civilian is protected from hostilities under International humanitarian law.

• To highlight the challenges halting the total implementation of conventions and protocols designated to enhance the protection of civilians in armed conflicts.

1. To make recommendations on how civilians in armed conflicts can be accorded protection. 4 SCOPE OF RESEARCH

This study will focus on understanding the extent to which civilians are protected under international humanitarian law in the midst of armed conflicts. Efforts will be made to steer through the ocean of issues related to this area of research – applicable principles and their limitations, implementation and challenges thereof. The scope of this work embodies a global examination of such relevant instances where hostilities and armed conflicts have been indiscriminately orchestrated without considerations for regulations prohibiting the inclusion of civilians in attacks. However, the limitation of this study will be in the aspect of accessibility to statistical records of figures from reported incidents of civilian inclusion in armed conflicts.

1.5  JUSTIFICATION

The emphasis of international humanitarian law on the protection of civilians in incidents of armed conflicts is necessitated by the need to guarantee the safety of non-military personnel during the occurrence of such hostilities. Consequently, a stiff disposition towards disregarding the proper implementation of protocols and conventions established in this regard poses a lot of challenge to the ultimate protection of civilians in armed crisis.

In line with the above stated problem, any study or research that assesses the practicality of civilian exclusion in times of armed attacks during hostilities is wholesomely justified. It is beyond doubts that preceding research works have appraised how international humanitarian law provides for the protection of civilians in the course of armed hostilities and wars. Nonetheless, this study substantiates such existent researches, by taking a step further towards identifying and addressing the challenges bedeviling the process.

1.6  RESEARCH METHODOLOGY

The research method employed for the conduct of this study is doctrinal and derived, that is, it is library based. This means a collection of relevant law textbooks, articles, charters, treaties, international conventions, and law reports shall constitute the bulk of research materials from which the content of this project shall be obtained. Also, history texts shall also be referenced, to get accurate accounts of certain relevant past events that shall be brushed in the course of analogy.

1.7  ORGANIZATIONAL LAYOUT

This project is divided into five chapters. Chapter one is the introductory chapter; it comprises of preliminary subjects such as the background of study, statement of problem, objectives of research, scope of research, justification, research methodology and the organizational structure of the study.

Chapter two gives an in-depth analysis on the conceptual framework of the project topic. This is done by defining and elucidating the meanings of the basic terms and concepts that frames the topic of discourse. These terms and concepts include international humanitarian law and its origin, armed conflicts and its types, and civilians.

Chapter three explores and elaborates on the legal framework; stating the various protocols, conventions and international agreements that underscores the protection of civilians in the event of hostilities and armed conflicts under international humanitarian law.

Chapter four focuses on how international humanitarian law protects civilians in armed conflicts. It does this by giving an extensive analysis on the categories of persons who fall under the classification of “civilians” in the context of international humanitarian law. It further dwells on how and when a civilian’s protection might be ousted as well as acts of the military that will amount to perfidy. It finally surveys and examines the case study of contemporary armed conflicts about the protection of civilians.

Chapter five is the concluding chapter of this study. It recaps, inter alia, the content of the subject matter. It further issues recommendations on questions raised in the study. It wraps up with concluding remarks.

1.8  LITERATURE REVIEW

The materials consulted in this study are textbooks from various authors in the field of international humanitarian law. Also, a couple of articles by diverse columnists as well as some other relevant blog posts from the internet all constitute the research materials instrumental to the writing of this study. Some of such literary works referred to in the course of this study are hereunder reviewed, vide infra:

Sassoli’s “International Humanitarian Law: Rules, Controversies, and Solutions to Problems

Arising in Warfare” gives a general overview of international humanitarian law based upon its major delimitations.^[2] It also provides an extensive analysis on international and non-international armed conflicts. However, it failed to give a clear-cut distinction between civilian objects and military objectives, of which that is one of the aspects this research will dwell on.

Crawford and Pert in their book “International Humanitarian Law” gives an a comprehensive account of the historical development of international humanitarian law. It lists international treaties and other legal instruments that constitute the legal framework within which international humanitarian law revolves.^[3] It further gives an in-depth analysis on the contemporary legal basis of international humanitarian law and it’s fundamental principles.

“Principles Of International Humanitarian Law” by Crowe and Weston-Scheuber makes a clear distinction between civilians and combatants, civilian objects and military objectives.^[4] In furtherance, it discusses cases which provides utility for both civilians and the military. It still states various instances where prohibited attacks have been orchestrated, touching on the principles of proportionality which gives rise to collateral damage.

Jacques in “Armed Conflict and Displacement” extensively examines the prohibition of forced movement of civilians in non-international armed conflicts.^[5]The book lays emphasis on the protection of Internally Displaced Persons (IDPs), refugees under international humanitarian law.

Anthony Cullen explained, inter alia, the application of international humanitarian norms to internal conflict prior to the Geneva Conventions of 1949.^[6] His book also discusses the anatomy of non-international armed conflict in international humanitarian law. Silis writes about the law of war as a thumbnail of history.^[7]He further gives reasons necessitating the existence of regulation of battlefield conduct. Also, his book states the sources of the law on armed conflicts as it examines the influence of the two world wars on the various conventions establishing the regulation of armed conflicts.

[1] Protection Of Victims Of Armed Conflict Through Respect Of International Humanitarian Law. Retrieved from        < https://www.icrc.org/en/doc/resources/documents/misc/57jpzn.htm  > Accessed July 9^th, 2021.

[2] Marco Sassoli, International Humanitarian Law: Rules, Controversies, and Solutions To Problems Arising In Warfare (Edward Elgar Publishing Limited 2019).

[3] Emily Crawford and Alison Pert, International Humanitarian Law (Cambridge University 2015)

[4] Jonathan Crowe & K Weston-Scheuber, Principles Of International Humanitarian Law (Edward Elgar Publishing Limited 2013)

[5] Mélanie Jacques, Armed Conflict and Displacement (The Protection Of Refugees And Displaced Persons Under International Humanitarian Law) (Cambridge University Press 2012)

[6] Anthony Cullen, The Concept Of Non-International Armed Conflict In International Humanitarian Law (Cambridge University Press 2010)

[7] Gary D. Silis, The Law Of Armed Conflict (Cambridge University Press 2010).

AN ASSESSMENT OF THE PROTECTION OF CIVILIANS IN ARMED CONFLICTS UNDER INTERNATIONAL HUMANITARIAN LAW

 

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