CIVILIAN PROTECTION IN ARMED CONFLICTS: ASSESSING THE EFFICACY OF INTERNATIONAL HUMANITARIAN LAW IN SAFEGUARDING NON-COMBATANTS
By Prof. Mohd. Wasim Ali & Iqmaaz Matloob, Faculty of Law, Aligarh Muslim University*.
Abstract
The devastating impact of armed conflicts on civilian populations underscores the critical importance of robust safeguards for non-combatants. This paper examines the efficacy of International Humanitarian Law (IHL), with a particular focus on the Geneva Conventions and Additional Protocols, in protecting civilians amidst modern warfare's evolving complexities. It highlights key principles of IHL, such as distinction, proportionality, and special protections for vulnerable groups, while addressing challenges posed by non-state actors, urban warfare, and asymmetric conflicts. Case studies from Palestine and Ukraine provide a practical lens on the enforcement gaps and violations, revealing significant lapses in adherence to humanitarian norms. The paper also critiques the limited effectiveness of international actors, including the United Nations, NGOs, and peacekeeping missions, in safeguarding civilians. A pressing need emerges for IHL reforms to enhance accountability, address legal ambiguities, and adapt to emerging threats. By fostering a renewed commitment to IHL principles, the study advocates for a comprehensive approach to safeguarding civilian lives and mitigating human suffering during armed conflicts. This work contributes to the ongoing discourse on reimagining IHL for greater resilience in the face of modern warfare's challenges.
Keywords: International Humanitarian Law, civilian protection, Geneva Conventions, urban warfare, non-state actors, accountability, peacekeeping, armed conflict, asymmetric warfare.
*Author 1 is working as a Professor at Faculty of Law, Aligarh Muslim University and Author 2 is a Ph.D. Candidate at Faculty of Law, Aligarh Muslim University.
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