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

2024-03-16T08:59:32+00:00

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

Defining an International Crime: Historical and Contemporary Developments

2024-04-15T17:34:51+00:00

Despite the desirability of the identity of crimes being specific, the category of conduct constituting international crimes remains blurry. In consequence, the controversy over what is, or is not, an international crime has continued to rage on. Different criteria have been used to classify a specific conduct as an international crime. As a source of authority, some authorities point to the works of scholars, treaties, legal systems, the statutes of international criminal courts, or even works of the International Law Commission, to identify an international crime. Nevertheless, unanimity in identification remains elusive. Thus, this article examines differing perspectives on the constituents of international crimes. The analysis is relevant because the definition of crime forms the bedrock of international criminal justice. However, the paper finds that leaving the category of conducts constituting an international crime open, facilitates the inclusion of other grave or emerging forms of criminality, which may also rise to the threshold of the crimes within the jurisdiction of international criminal tribunals. Although this may appear advantageous, the need for predictability, consistency and uniformity in the categorization of an international crime cannot be overemphasized

East African Journal of Law and Ethics

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

Defining an International Crime: Historical and Contemporary Developments