RECONCILING INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS LAW: LEGAL TENSIONS AND ENFORCEMENT CHALLENGES IN CONTEMPORARY ARMED CONFLICTS WITH REFERENCE TO NIGERIA AND DEMOCRATIC REPUBLIC OF CONGO
Prof. Onyeka Williams IGWE, LL. B (Hons), BL, LL.M (Calabar), Ph.D (ABSU), Professor of International Human Rights Law, Department of Jurisprudence and International Law, Faculty of Law, Rivers State University, Nkpolu-Oroworukwo, Port Harcourt, Rivers State
Chibuikem Golden OFFOR, LL. B (Hons), BL, Research Assistant, Department of Jurisprudence and International Law, Faculty of Law, Rivers State University, Nkpolu-Oroworukwo, Port Harcourt, Rivers State
Okechukwu Divine MICHAEL, LL. B (Hons), BL, Research Assistant, Department of Jurisprudence and International Law, Nnamdi Azikiwe University, Awka, Anambra State
This paper examines the complex interplay between International Humanitarian Law (IHL) and International Human Rights Law (IHRL) within the context of contemporary armed conflicts. While both frameworks aim to protect human dignity and limit abuses during war, their concurrent application in modern conflicts- often characterised by asymmetry, urban warfare, and Militias, creates practical and normative tensions. Highlighting situations from Nigeria, and the Democratic Republic of the Congo, this paper aimed at analyzing the practical challenges of enforcing these legal regimes amid state fragility, fragmented accountability mechanisms, and shifting conflict dynamics. Findings show that while the convergence of International Humanitarian Law and International Human Rights Law offers pathways to strengthen civilian protection and accountability, there are still enforcement deficits, with widespread violations including arbitrary detention, extrajudicial killings, and sexual violence remaining prevalent in conflict zones. And practical implementation often falters due to limited institutional capacity, zero military will, and operational constraints within military practice. This paper therefore proposes a framework for reconciliation of International Humanitarian Law and International Human Rights Law, advocating for a normative integration in operational frameworks, scenario-based training for armed forces, strengthened independent accountability mechanisms, and victim-centred reparative measures to ensure tangible protections. Drawing on the works of scholars such as Melzer, Lubell, and Milanovic, and the operational guidance of the ICRC, it is demonstrated by this paper that harmonising these legal regimes is not a theoretical exercise but a practical necessity to protect human dignity in conflict settings especially in Sub-saharan Africa.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 3, Page 739–764. |
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