Abstract
Egregious violations of international humanitarian law (IHL) are being committed every day both by states and non-state parties to a battle. This does not, however, mean that all contemporary armed conflicts are always and inexorably characterized by sweeping and widespread violations. Nevertheless, the disregard of IHL causes devastation and appalling suffering for the victims. What makes such violations even more reprehensible is that the sufferings could be avoided had the pertinent IHL rules were respected. Hence, initiatives should focus on enhancing the efficacy of IHL compliance mechanisms to ensure the lofty aim of IHL, minimizing human suffering and protecting victims. In this essay, a scrutiny on the adequacy of current IHL compliance system in light of contemporary armed conflict is made and a conclusion as to the existence of loopholes has been reached.
Highlights
It is axiomatic that the overriding objective of international humanitarian law (IHL) is to lighten the suffering of persons affected by war regardless of the underlying causes or the justification of the conflict by defending those not or no longer taking part in a conflict and by regulating the means and methods of combat
In the face of their prohibition, we are witnessing to sustained daily transgressions of IHL, including thoughtful attacks against civilians, the destruction of infrastructure vital to the civilian population, the forcible displacement of entire communities from their habitual places and various forms of sexual violence inflicted against vulnerable individuals and groups (ICRC, 2007: p. 720)
IHL is ceaselessly challenged by the evolution of contemporary armed conflict
Summary
It is axiomatic that the overriding objective of IHL is to lighten the suffering of persons affected by war regardless of the underlying causes or the justification of the conflict by defending those not or no longer taking part in a conflict and by regulating the means and methods of combat. This essay has the aim of exploring and discovering the situation in contemporary armed conflict in tandem with the rules of war, the inadequacy of current IHL compliance system and the possible recommendation to strengthen compliance mechanism to minimize horrible effect of war It addresses the following major issues: the degree of respect for IHL in contemporary armed conflict is examined, an evaluation as to the adequacy of the existing compliance system of IHL in ensuring respect for the rule of war is made, and the ways to strengthening the compliance system of IHL are recommended.
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