THE PROTECTION OF CIVILIANS AND CIVILIANS OBJECTS DURING ARMED CONFLICTS

ABSTRACT

The protection of civilians and civilian populations in armed conflict is a cornerstone of International Humanitarian Law (IHL), with strict rules defining the obligations and duties of parties to a conflict towards civilians. Besides IHL, protection of civilians in armed conflict is also founded on principles of international human rights law. While IHL regulates the conduct of parties in an armed conflict jus in bello by imposing limits on weapons and methods of warfare, in order to ensure that only military targets are attacked and that non-combatant civilian casualties are avoided, therefore forbidding indiscriminate attacks and regulates the treatment of certain categories of persons not taking part in combat, International Human Rights Law (IHRL) protects civilians' life, health and dignity in and during armed conflict. IHRL also covers the relationship between a state and its citizens and those under its control in peacetime. The research therefore examines the civilian protection under the IHL and IHRL; it explores the challenges hindering the effectiveness of these laws. The research discovers that a major challenge affecting the implementation of IHL and IHRL is the non-consideration of non-state actors which are the major actors in armed conflict; it therefore concludes with a recommendation that the Security Council should place a strong emphasis on the law implementing the right to protect as an international norm that in future would legally compel states to meet their ‘responsibility to protect’ obligations.