Africa and the Domestic Implementation of the Geneva Conventions and Additional Protocols

Problems and Solutions

Bibliographic Data

ID16766759
AuthorsKasim Balarabe (0000-0003-4681-2824, O. P. Jindal Global University, corresponding author)
Year2022
Volume66
Issue2
Pages175-199
Publication date2022-06-01
Open AccessYes
TypeARTICLE
VenueJournal of African Law (JOURNAL)
Journal identifiersISSN: 0221-8553 • E-ISSN: 1464-3731
PublisherCambridge University Press (PUBLISHER • US)
DOI10.1017/s0021855322000109
OpenAlexW4224275317
LanguageEN
References cited10

The Geneva Conventions have achieved universal ratification, and Additional Protocols I and II are binding on all African states except Eritrea and Somalia; however, their observance in African conflicts is flawed and inconsistent. From deliberate attacks on civilian populations to abduction and hostage-taking, humanitarian rules are openly flouted. Through an extensive assessment of the domestic measures required to implement the Geneva Conventions and Protocols in Africa, this article identifies the current level of implementation, existing gaps and possible non-legal factors that impact respect for the instruments in African conflicts. Violations are often associated with historical, political, religious and social factors that tainted the instruments’ lofty provisions and bequeathed a legacy that challenges the obligation to respect. Additionally, continuous political and religious struggles and the search for identity and relevance have displaced the ideals of the instruments’ humanitarian provisions. Reversing this trend requires an approach that appeals to and engages the continent beyond the traditional argument of obligation to respect

Amnesty · Argument (complex analysis) · Law and economics · Obligation · Political science · Politics · Ratification · Relevance (law) · Sociology · Global Peace and Security Dynamics · Historical and Contemporary Political Dynamics · International Law and Human Rights · Law

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