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African customs and traditions and the indigenization of international humanitarian law in armed conflict
Published online by Cambridge University Press: 14 October 2024
Abstract
Many ancient African societies had advanced and sophisticated humanitarian protection mechanisms and war codes to regulate the conduct of armed hostilities. A careful examination of both historical and contemporary African customs and traditions provides unique avenues through which to interpret and apply international humanitarian protection in armed conflict. As a sub-branch of international law, international humanitarian law (IHL) seeks to limit the excesses of warfare and regulate the conduct of armed hostilities. However, international conventions such as those of IHL remain severely constrained if they are not framed and reconciled with indigenous understandings and meanings of humanitarian protection. In non-international armed conflicts specifically, this enduring challenge demands that IHL conventions and other international conventions be framed and understood within indigenous frameworks that support local ownership of this internationalized body of law. Encouraging dialogue between international norms and indigenous practices can enhance the relevance, authority and legitimacy of IHL in Africa.
Keywords
- Type
- Research Article
- Information
- International Review of the Red Cross , Volume 106 , Issue 926: Selected Articles , August 2024 , pp. 639 - 658
- Copyright
- Copyright © The Author(s), 2024. Published by Cambridge University Press on behalf of International Committee of the Red Cross
Footnotes
The advice, opinions and statements contained in this article are those of the author/s and do not necessarily reflect the views of the ICRC. The ICRC does not necessarily represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided in this article.