PROTECTED IN LAW, ENDANGERED IN REALITY: THE UNFULFILLED OBLIGATION FOR PROTECTION OF CIVILIANS IN ARMED CONFLICT ZONES

Abstract

Since the end of World War II in 1945, the conduct of war, which is accommodated under the jus in bello rule, has been regulated by laws, particularly the International Humanitarian Law (IHL). These laws provide protection for civilians in armed conflict zones and place obligation on parties to armed conflicts to ensure that civilians are protected. However, existing literature has shown that the reality of the demands of these laws remain a far cry as civilians harm in war zones persists. This paper examines relevant IHL on the protection of civilians in armed conflict zones in order to show the discrepancy between these laws as they exist and the practical reality of such protections for civilians. This paper made use of doctrinal methodology with analytical and descriptive approaches. It found that despite the existence of relevant IHL on the protection of civilians in armed conflict zones, the actual reality on ground shows the failure of parties in armed conflict zones to protect civilians as required by law due to: weak enforcement mechanism and other factors. The paper recommends strengthening of enforcement mechanisms, fostering of accountability with enhanced international cooperation, enhancement of protection mandates through amendment of relevant legal instruments on IHL and establishment of a standby United Nation military force for intervention in armed conflicts zones to address the problem of protracted armed conflict.