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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

Darlington Tshuma*
Affiliation:
Post-Doctoral Fellow, Thabo Mbeki African School of Public and International Affairs, UNISA, Doringkloof, South Africa

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.

Type
Research Article
Copyright
Copyright © The Author(s), 2024. Published by Cambridge University Press on behalf of International Committee of the Red Cross

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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.

References

Further reading

Bruno Demeyere, “The Power of Asking ‘How’: A Key to Understanding the Development of IHL?”, International Review of the Red Cross, Vol. 104, No. 920921, 2022.CrossRefGoogle Scholar
Cordula Droege and Eirini Giorgou, “How International Humanitarian Law Develops”, International Review of the Red Cross, Vol. 104, No. 920921, 2022.CrossRefGoogle Scholar
ICRC, Protocols Additional to the Geneva Conventions of 12 August 1949, Geneva, 1977, available at: www.icrc.org/en/doc/assets/files/other/icrc_002_0321.pdf.Google Scholar
ICRC, The Geneva Conventions of 12 August 1949, Geneva, 1980, available at: www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf.Google Scholar
ICRC, Rules of International Humanitarian Law and other Rules Relating to the Conduct of Hostilities, Geneva, 2020, available at: www.icrc.org/en/publication/0467-rules-international-humanitarian-law-and-other-rules-relating-conduct-hostilities.Google Scholar
UN Security Council, “Ninety Per Cent of War-Time Casualties Are Civilians, Speakers Stress, Pressing Security Council to Fulfil Responsibility, Protect Innocent People in Conflicts”, May 2022, available at: https://press.un.org/en/2022/sc14904.doc.htm.Google Scholar