Chapter

International humanitarian law in the african context

Mutoy Mubiala

Eroding local capacity : international humanitarian action in Africa

Upsala : Nordiska Afrikainstitutet, 2002

p. 37-61

English

Bibliographie : p. 190-192. - Photocopies

There is an apparent paradox in the African situation. On the one hand, most of the research and evidence recognises the ingrained humaneness of the values of traditional (pre-colonial) African societies and the extensive formal acceptance by modern African states of the principal instruments of contemporary international humanitarian law (IHL). On the other hand, the serious and mass violations of IHL in several recent conflicts reveal the ineffectiveness of such law in Africa. This chapter explores the reasons for this contradiction and possible ways of resolving it. The study is divided into three parts: 1) humanitarian principles in African customary law and their relevance to the promotion of contemporary IHL; 2) African perspectives and interests in contemporary IHL, and their relevance to current African conflicts; and 3) issues of enforcement and promotion of IHL in contemporary Africa. The chapter concludes with some recommendations.