Armed conflict under international humanitarian law

Abstract

The essence, fulcrum or goal of International Humanitarian Law is to limit, for humanitarian reasons, the effect of armed conflict. It seeks to do so by means of rules that protect persons who do not or are no longer participating in the hostilities, that restrict the means and methods of conducting hostilities and that prevent the escalation of the conflict. Its main objective is to limit the suffering caused by war or armed conflict, prevent bloodshed and ultimately strengthen world security by protecting the victims of and participants in hostilities. It focuses in the protection of human right and respect for humanity during armed hostilities. One great obstacle confronting international institutions in their bid to develop International Humanitarian Law is their perceived inability to enforce its will. Other obstacles include lack of state co-operation, lack of adequate resources and insufficient funding for International Institutions. Therefore, this work focuses on armed conflicts under International Humanitarian Law which are deeply rooted in the political, economic, social and ideological relations of the modern world. As a contribution to the rethinking process, the work contains an in-depth analysis of the historical sources of International Humanitarian Law, scope of application of International Humanitarian Law, International and Non-International Armed Conflict, Mixed International and Non-International Armed Conflict. The study proffers necessary recommendations.

Key words: Armed Conflict, Humanitarian Law, Hostility, Combatant, Wounded, Prisoner