Article
July 18, 2025
Article
July 18, 2025
By Akinlalu Ayanfeoluwa Rotimi
1.0 BACKGROUND
It was in April 1994 that hundreds of thousands of terrified Rwandans sought refuge in churches, schools, and government houses, with unwavering faith in their hearts that they would be safe from the violence rapidly consuming their country.[1] Under the guise of war, traditional extremists of the Hutu tribe executed their plans to destroy the entire Tutsi civilian population.[2] Violence erupted at a breakneck speed through the capital and into the rest of the country, lasting for over three months. As the days passed, these very churches, schools, and government buildings—that once symbolized sanctuary—became slaughterhouses. In just 100 days, nearly 800,000 people were wasted in the Rwandan Genocide.[3] The genocide ended when the rebel movement, the Rwandan Patriotic Front (RPF), took over Kigali, overthrowing the Hutu government and seizing power.[4] This tragic episode remains a landmark in Africa’s brutal reminders of what happens when civilians in armed conflict are left unprotected.
The International community, despite being aware of the horrors, largely stood by, paralyzed by political hesitation. “With the perspective of time, the Rwandan crisis can be seen as a crucial test of the international system and its values – a clash between the ideals of humanitarianism and the cold logic of realism and national interest,” says FRONTLINE producer Greg Barker.[5] Despite a global framework for the protection of civilians during insurgencies such as these, through the Geneva Conventions and other legal instruments, African civilians continue to bear the brunt of wars and violence in armed conflict. From the raging violence in the Democratic Republic of Congo[6] to the catastrophe caused by Boko Haram in Nigeria,[7] the reality remains grim – civilians remain unprotected in major parts of Africa. This begs the question, of whether International Humanitarian Law caters to the complexities of the African reality in instances of armed conflict.
In the application of International Humanitarian Law (IHL) (largely influenced by Western legal traditions) in African Contexts, problems may arise as deep-rooted cultural tensions may not find bearing in IHL standards. It is on this basis that the idea is conceived and this treatise attempts to explore the protection of civilians in armed conflict through an Afrocentric lens, examining how African philosophies and frameworks can give context to the application of International Humanitarian Law to achieve an effective system of civilian protection.
2.0. WHO ARE COMBATANTS AND WHO ARE CIVILIANS UNDER THE IHL?
The principle of distinction between combatants and civilians is the foundation upon which International Humanitarian Law (IHL) finds its bearing.[8] The major factor defining a combatant status is the right to participate directly in hostilities.[9] This means that combatants have the license to kill or inflict harm on enemy combatants and destroy their enemy military objectives.[10] They may, in the process, cause incidental civilian casualties and injuries under certain circumstances.[11]
On the other hand, a “civilian person” is any individual who is not a member of the armed forces.[12] This implies that civilians may not take direct part in hostilities, however, in rare events of a levee en masse, inhabitants of a non-occupied territory on the approach of the enemy may spontaneously take up arms to resist the invading forces.[13] Unlike combatants, civilians enjoy a special immunity against violent attacks.[14] Under the Statute of the International Criminal Court, “intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities” constitutes a war crime in international armed conflicts.[15] In the 1969 case of Military Prosecutor v. Omar Mahmud Kassem and Others,[16] the Israeli Military Court in Ramallah acknowledged and reaffirmed the principle of civilian immunity from direct attack as a foundational tenet of international humanitarian law.
3.0. IHL AND THE GLOBAL STAGE; KEY COMPONENTS, BACKGROUND, AND WHERE WE ARE AT
The term ‘international humanitarian law’ addresses the current interpretation of the jus in bello – the laws concerning the conduct of warfare.[17] This body of law is a heterogeneous combination of agreements, treaties, and conventions between States, customary regulations (state practice and opinio juris), general rules of law, and subsidiary sources of law.[18]
The traditional history of International Humanitarian Law lets us know that laws of war have always existed to limit the destruction caused by war,[19] however, it was not until the 19th century that efforts were made to codify these laws, marking the beginning of modern International Humanitarian Law.[20] Scholars and legal practitioners in the international environment often refer to the Lieber Code, designed to regulate Union forces in the American Civil War, as the first example of the codification of the laws of war,[21] however, they regard the Battle of Solferino in 1859 as a pivotal moment in the history of modern International Humanitarian Law.[22] Present in the war and terrified by the suffering of soldiers and civilians, Henry Dunant, a Swiss citizen was inspired to found the Red Cross movement,[23] becoming the custodian of the humanitarian idea. He instigated the adoption of the core principles of the new movement into the Geneva Convention in 1864 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, marking the start of the Geneva tradition of Humanitarian Law. This gave birth to the 1949 Geneva Conventions and the 1977 Additional Protocols.[24]
Despite this universal framework, the attempt to limit civilian casualties in war has suffered numerous setbacks. Throughout 2023, hundreds of thousands of civilians were killed or suffered severe injuries as victims of deliberate or indiscriminate attacks.[25] The United Nations (UN) reported a staggering 72% increase in civilian deaths from armed conflicts, recording at least 33,443 losses.[26] Of the civilians killed in conflicts in 2023, women represented a significant portion, with four out of every ten deaths and three out of ten being children.[27](28) The Occupied Palestinian Territory and Israel experienced the largest concentration of these deaths, with seven out of every ten, making it the deadliest conflict for civilians that year.[28] The Russian-Ukraine war alone has accounted for over 10,000 deaths including civilians within the first three months of 2025[29] and it is almost as if there is no law.
4.0 AFROCENTRIC REALITIES OF CASUALTIES IN ARMED CONFLICT
Africa has taken a ravaging blow from instances of war and civilian casualties. This assertion is knottily woven into Africa’s history and the 20th century is a witness. From the Civil Wars of eastern Nigeria in 1967 to the Somalian Civil Unrest in 1991, armed conflicts during this period caused a lot of casualties and led to the loss of many lives, inevitably paving the way for the collapse of socio-economic systems. In the Somali civil war for instance, The Africa Watch report, “A Government at War with Its Own People”, estimated that roughly 50,000 to 60,000 people were killed between May of 1988 and the beginning of 1990; just less than two years.[30] The Nigerian civil war on the other hand resulted in as many as 30,000 Igbo deaths; just a fraction of the total casualties suffered. What about the Ugandan insurgence Led by the Lord’s Resistance Army of 1987? The gruesome outcome of this unrest left a scar on the history of the Ugandan nation as many families were displaced and thousands of civilian casualties were recorded.[31]
More recently, more than 219,000 victims of armed conflict were reported in the Democratic Republic of the Congo, and Mali witnessed the death of 1,300 civilians in security incidents only in 2023.[32] In January 2025, the Rwandan-backed March 23 Movement (M23) rebels captured Goma district, leading to over 2,900 deaths and displacing more than 500,000 people. Again, in March 2025, an airstrike near Lerneb within the region of Timbuktu resulted in at least 18 civilian deaths and seven injuries. While the Malian soldiers claimed they targeted armed militants, reports indicate significant civilian casualties.[33] These heartbreaking reports go on and on, and it will be possible to spell out the numbers all day, however, and to dwell on the numerous instances of death in these regions will be adding salt water to sore injuries.
5.0 AFROCENTRISM FOR AFRICANS AND THE LIMITATIONS OF CONVENTIONAL IHL IN AFRICAN CONTEXTS
The application of International Humanitarian Law (IHL) in Africa presents a problematic landscape. While IHL, at its core, ultimately targets universal protection in armed conflict, its conventional/traditional approach fails the litmus test, falling short of addressing the major and many peculiarities of the African reality. This segment will analyze the shortcomings of IHL in its application within African territory, as understanding these shortcomings is crucial for making changes that align with Afrocentric realities.
5.1. The decision-making process and the minimal participation of Africa: The current International Humanitarian Law is a European production.[34] Since the adoption of the initial Geneva Convention of 1864, multilateral avenues dedicated to the development of crucial international laws for world peace were held without African states’ participation.[35] Only Ethiopia had consented to the 1907 Hague Conventions in 1935, except for Conventions I, II, and XII concerning the peaceful resolution of interstate disputes.[36] To bolster this claim, the adoption of the four Geneva Conventions of 12 August 1949 witnessed only the presence of Libya and Ethiopia as African countries, and it’s not like Africa had a choice. Many African countries at the time were under the authority of colonial masters and until the accession to independence by most African states in the 1960s, international humanitarian law were administered to Africa by the will of colonial authorities through treaty ratifications, Acts, and legislations.[37] The ripple effect is seen as African states hardly benefited from the application of IHL’s principles both during the wars of colonization and decolonization on the continent.[38]
5.2. The IHL’s state-centric focus versus non-state actors: The activities of National state actors (NSAs) have consistently affected the evolution of the IHL for a long time.[39] To be honest, States continue to play an essential role in IHL, however, state actors don’t have a hundred percent involvement in interactions within countries, nor can they claim to have a domaine reservé over some functions.[40] In Africa, where the influence of non-state actors abounds, this reality poses numerous problems. With an ethnically and religiously diverse nature, traditional leaders,[41] customary institutions,[42] and religious organizations[43] wield enormous influence. Armed groups such as the Book Haram operational in Nigeria, Chad, and Cameroon, as well as the Al-Shabaab, an Islamic militant group in Somalia, are inevitable players in armed conflicts.[44] The IHL’s focus on state actors therefore poses great problems.
5.3. Implementation Challenges: Many African states struggle with limited resources, infrastructure, and institutional capacity to enforce international laws such as the IHL. It gets harder considering the state of porous borders impeding the application of such laws within purely defined national frameworks.[45] Additionally, the reality of non-state actors drives the nail in the coffin as holding them accountable to perceived Western standards may be an effort in futility.
6.0. TOWARD AN AFROCENTRIC FRAMEWORK FOR CIVILIAN PROTECTION IN AFRICA
6.1. A more tailored implementation strategy: Despite having customary rules on armed conflict,[46]colonial Africa made no contributions to the rules of IHL.[47] It is therefore understandable, the difficulty in the implementation of Eurocentric instruments. Instead of shoving it down the throat of Africans through mere ratifications, a focus on influential non-state actors may yield rewarding results. Exposing the need for adherence to IHL standards through customary institutions and traditional leaders, and in line with African philosophies are better methods of ensuring implementation.
6.2. Integration of Local practices: Incorporating African customary laws and mediation/dispute resolution into IHL standards is an excellent strategy for implementation and can lead to the birth of African Humanitarian Law (AHL).
6.3. Strengthening Regional Mechanisms: Empowering bodies like the African Union (AU) and regional courts will be a great step in enforcing already tailored IHL rules with Afrocentric sensitivity.
7.0 RESOLUTION
Effectively protecting civilians in African armed conflicts necessitates transcending a purely conventional application of IHL. By embracing Afrocentric strategies that integrate customary knowledge, values, and institutions, IHL can become a more potent tool for safeguarding vulnerable civilian populations in Africa during armed conflicts.
8.0 BIBLIOGRAPHY
TABLE OF STATUTES
CASE LAWS
Military Prosecutor v. Omar Mahmud Kassem and Others
SECONDARY SOURCES
Yolande Diallo, 'African Traditions and Humanitarian Law' (1976) 16 (185) International Review of the Red Cross https://doi.org/10.1017/S0020860400010706
[1] FRONTLINE, ‘Ghosts of Rwanda’ (PBS, November 18, 2015) https://www.pbs.org/wgbh/pages/frontline/shows/ghosts/etc/synopsis.html accessed 19 March, 2025
[2] Ibid
[3] Peter Gwin, “Revisiting the Rwandan Genocide: How Churches Became Death Traps” Photography (Nationalgeographic, April 2, 2014) https://www.nationalgeographic.com/photography/article/revisiting-the-rwandan-genocide-how-churches-became-death-traps?utm_source=chatgpt.com. Accessed 19 March, 2025
[4] United States Holocaust Memorial Museum, “Massacre of the Tutsi Minority” (n.d.) https://www.ushmm.org/genocide-prevention/countries/rwanda/massacre-of-the-tutsi-minority?utm_source=chatgpt.com accessed 19 March, 2025.
[5] Ibid. No1
[6] UNHCR, “Democratic Republic of the Congo Situation” (UN Global Focus, 2025) https://reporting.unhcr.org/operational/situations/democratic-republic-congo-situation accessed 19 March, 2025
[7] ACCORD, “Boko Haram Insurgency in Nigeria” (AJCR, December 5, 2019) https://www.accord.org.za/ajcr-issues/boko-haram-insurgency-in-nigeria/ accessed 19 March, 2025
[8] IHL advisory service “The principle of distinction” (Diakonia International Humanitarian Law Centre, n.d.) https://www.diakonia.se/ihl/resources/international-humanitarian-law/principle-of-distinction-protection-of-people-and-objects/ accessed 20 March, 2025
[9] Article 43 (2) of the International Committee of the Additional Protocol (I) to the Geneva Conventions, 1977 (API)
[10] Keseme, P. Odudu, Ebitari, J. Allison “International Humanitarian Law: The Status of Unlawful Combatants” (AJOL, 2017) https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.ajol.info/index.php/naujilj/article/view/156738/146345&ved=2ahUKEwjDzJ7V6aeMAxU-Z0EAHQKJKNkQFnoECBEQBg&usg=AOvVaw2aQT9XsWFRi40Q4j9iCsBc accessed 20 March, 2025
[11] René Värk ‘The Status and Protection of Unlawful Combatants’ (Juridical International, p. 19, X/2005)
[12] Doctors Without Borders, “The Practical Guide to Humanitarian Law” (n.d.) https://guide-humanitarian-law.org/content/article/3/civilians/ accessed 20 March, 2025
[13] Ibid. No9
[14] ICRC “Rule 1. The Principle of Distinction between Civilians and Combatants” (n.d.) https://ihl-databases.icrc.org/en/customary-ihl/v1/rule1 accessed 20 March, 2025
[15] ICC Statute, Article 8(2)(b)(i)
[16] International Law Reports, Volume 42, 1971 , pp. 470 – 483
[17] Amanda Alexander, “A Short History of International Humanitarian Law” (2025) 26(1) EJLR https://doi.org/10.1093/ejil/chv002 accessed 20 March 2025
[18] Mohammad S. Islam, “The Historical Evolution of International Humanitarian Law (IHL) from Earliest Societies to Modern Age” (2018) 9(6) Beijing Law Review https://doi.org/10.4236/blr.2018.92019 accessed 20 March, 2025
[19] Schindler, ‘International Humanitarian Law: Its Remarkable Development and Its Persistent Violation’, (2003) Journal of the History of International Law(J Hist Int’l L). Lieber Code, General Order no. 100 (24 April 1863).
[20] Ibid.
[21] Andrej Abplanalp, ‘Henry Dunant – A tragic hero’ (Swiss National Museum, May 8, 2018) https://blog.nationalmuseum.ch/en/2018/05/henry-dunant-a-tragic-hero/ accessed 21 March, 2025
[22] Ibid.
[23] American Red Cross, “Summary of the Geneva Conventions of 1949 and Their Additional Protocols” (April 2011) https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.redcross.org/content/dam/redcross/atg/PDF_s/International_Services/International_Humanitarian_Law/IHL_SummaryGenevaConv.pdf%3Fsrsltid%3DAfmBOoqECrkOnNJPVdGPvIE_PWdU_vj6CM3oLeHqiSx9DKzt6l7velOj&ved=2ahUKEwjFipW8_6eMAxXFQkEAHfWLOuoQFnoECDMQAQ&usg=AOvVaw1tXydFZ_E9U0exhnkhT1bB accessed 22 March 2025
[24] Ibid.
[25] Secretary-General, “Protection of civilians in armed conflict” (United Nations security council, 14 May 2024) https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.securitycouncilreport.org/atf/cf/%257B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%257D/N2411029.pdf&ved=2ahUKEwi789i1gqiMAxVCZ0EAHcoXN68QFnoECH4QAQ&usg=AOvVaw0GS8yBbkRjzxn_I5q-4-pI accessed 22 March, 2025
[26] Ibid.
[27] Bojan Pancevski, ‘One Million Are Now Dead or Injured in the Russia-Ukraine War’ (2024) Wall Street Journal https://www.wsj.com/world/one-million-are-now-dead-or-injured-in-the-russia-ukraine-war-b09d04e5 accessed 22 March, 2025
[28] Emma Bjertén, ‘Frustration at the UN Security Council debate on the protection of civilians’ (Reaching critical will, 29 May 2024) https://www.reachingcriticalwill.org/news/latest-news/17182-frustration-at-the-un-security-council-debate-on-the-protection-of-civilians accessed March 23, 2025
[29] Ibid.
[30] World Peace Foundation, ‘Somalia: Fall of Siad Barre and the civil war’ (Mass Atrocity endings, August 7, 2015) https://sites.tufts.edu/atrocityendings/2015/08/07/somalia-fall-of-siad-barre-civil-war/#_edn15 accessed March 23, 2025
[31] Resource Library, ‘Five Major African Wars and Conflicts of the Twentieth Century’ (Norwich University, n.d.) https://online.norwich.edu/online/about/resource-library/five-major-african-wars-and-conflicts-twentieth-century March 23, 2025
[32] Ibid. No 25
[33] Baba Ahmed, ‘Separatists in Mali say an army airstrike on a market killed 18. The army says it targeted fighters’ (APNews, March 18, 2025) https://apnews.com/article/mali-airstrike-tuareg-separatists-military-18c78f92ee9f5899628747d77e772fe9 accessed March 23, 2025
[34] Balingene Kahombo, ‘Regionalism and International Humanitarian Law in Africa: Progress and Challenges’ (2020) 93 (1-2), Journal of International Peace and Organization <10.35998/fw-2020-0006> accessed 24 March, 2025.
[35] Ibid.
[36] Convention (1) for the Pacific Settlement of International Disputes, 29.07.1899, 187 CTS 410, Convention (II) Respecting the Limitation of the Employment of Force for the Recovery of Contract Debts, 29.07.1899, 187 CTS 429, Convention (XII) Relative to the Creation of an International Prize Court, 18.10.1907, 105 CTS 381
[37] Ibid. 34
[38] G Waschefort, “Africa and international humanitarian law: The more things change, the more they stay the same”, International Review of the Red Cross, (2016), 98 (2), p. 603.
[39] Opinio Juris, “How Focusing on Non-State Actors Can Change the IHL Narrative” (3 November 2020) https://opiniojuris.org/2020/11/03/how-focusing-on-non-state-actors-can-change-the-ihl-narrative/ accessed 24 March, 2025.
[40] Ibid
[41] Lauren Honig, “Traditional Leaders and Development in Africa” (Oxford Research Encyclopedias, 23 May 2019) https://doi.org/10.1093/acrefore/9780190228637.013.821 accessed 24 March, 2025
[42] Ibid
[43] Barbara Bompani, “Religion and Faith-based Organisations in Africa: the forgotten actors” (E- international Relations, Sep 27 2011) https://www.e-ir.info/2011/09/27/religion-and-faith-based-organisations-in-africa-the-forgotten-actors/ 24 March, 2025.
[44] CU Okoroafor, MC Ukpabi, “Boko haram insurgency and national security in Nigeria” (2015) 10(1) International Journal of Development and Management Review. Accessed on https://www.ajol.info/index.php/ijdmr/article/view/120986 24 March, 2025.
[45] Risk Control, “Coping With Nigeria’s Most Porous Borders” (n.d.) https://riskcontrolnigeria.com/blog/coping-with-nigerias-most-porous-borders 24 March, 2025.
[46] Yolande Diallo, ‘African Traditions and Humanitarian Law’ (1976) 16 (185) International Review of the Red Cross https://doi.org/10.1017/S0020860400010706 accessed 25 March, 2025
[47] Ibid
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