Protection Of Civilian Population In International Humanitarian Law
Abstract:The underpinning philosophy with far reaching implications in international humanitarian law is overriding consideration of humanity. Protection of persons and objects in situations of warfare flows from the entrenched reality of the principle of distinction in the choice of target and the need to minimize the calamity of war. This paper is aimed at interrogating civilian’s persons and objects within the provinces of the law of armed conflict with a view to determining adequacy or otherwise of the extant prescriptions. The paper being a conceptual analysis relied on both primary and secondary sources of data for its analysis and conclusion. It found that most of the provisions on civilian protection are not couched to elicit construction that could command strong obedience. Secondly the paper found also that notwithstanding the superfluity of applicable conventions, protocols, and states practice regarding the subject, compliance and enforcement with the ideal prescription has become deliberately problematic thereby necessitating the pertinent needs for more proactive and robust co-operation amongst States and non-State actors as well suggesting reforms of those implicated prescriptions in order to promote the set out ideals of IHL.
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