Analysis of the Extent of Protection Accorded to Civilians, Civilian Populations, and Civilian Objects by International Humanitarian Law in Armed Conflicts

  • Mwita John Tengeru Institute of Community Development
Keywords: International Humanitarian Law, Civilians, Civilian Populations, War Time
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Abstract

Protecting civilians, civilian populations, civilian objects, and other persons who do not actively participate in hostilities is a cornerstone of International Humanitarian Law. The 1949 Geneva Conventions and the 1977 Additional Protocols I and II constitute an international humanitarian legal framework for protecting civilians, civilian populations and civilian objects during armed conflicts. Facts have it that civilians, civilian populations, and persons who no longer take an active part in warfare are the ones who suffer the most from the effects of war. International Humanitarian law seeks to ensure that civilians and civilian populations are not subjected to attacks, actual violence, or threats of violence during armed conflicts of international and non-international nature. This Article analyzes the extent to which civilians, civilian populations, and civilian objects are protected by International Humanitarian Law whereby more specifically, the author analyzes relevant provisions of  Geneva Convention IV Relative to the protection of Civilian Persons in Time of War of 1949, Additional Protocol I relating to the Protection of Victims of  International Armed Conflicts, of 1977, and Additional Protocol II relating to the Protection of Victims of Non-International Armed Conflicts, of 1977 and finally recommends inter alia that international humanitarian law should develop a new body of Law to protect innocent civilians following the emerging  global war on terrorism owing to increased difficulties of distinguishing terrorists from civilians

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References

Brownlie, Ian. Principles of PublicIinternational Law: 55th ed. Oxford: Oxford University Press, 2006

Henckaerts, Marie Jean., & Louise B. Beck. Customary international humanitarian Law. vol 1. Cambridge: Cambridge University Press, 2005

Tehodor Meron. The humanization of international Law. vol 3, Boston: Martinus Nijhoff Publishers, 2006

Malcom, Shaw. International law. 5th ed. Cambridge: Cambridge University Press, 1997.

Conventions

Convention IV Relative to the protection of Civilian Persons in Time of War of 1949.

Additional Protocol I relating to the Protection of Victims of International Armed Conflicts, of 1977.

Additional Protocol Ii relating to the Protection of Victims of Non-International Armed Conflicts, of 1977.

Online Sources

United Nations, “Seciurity Council Report,” posed on 31 Januryy 2012, http://www.securitycouncilreport.org

Published
16 March, 2024
How to Cite
John, M. (2024). Analysis of the Extent of Protection Accorded to Civilians, Civilian Populations, and Civilian Objects by International Humanitarian Law in Armed Conflicts. East African Journal of Law and Ethics, 7(1), 1-14. https://doi.org/10.37284/eajle.7.1.1823