Issues In The Development, And Enforcement, Of International Humanitarian Law: A Primer

Abstract

Forster and Forster (2010) reviewed the development of international humanitarian law for the protection of refugees during civil war in Sub-Saharan Africa (SSA). In this paper we consider the development of international humanitarian law for the prevention of genocide and the protection of women and children with reference to SSA. We outline the various courts which have jurisdiction in international law, and consider cases where the relevant laws are being ignored, especially in the case of rape and other sexual abuse of women, and the use of child soldiers. We also discuss the current alleged genocide occurring in the Darfur region of Sudan, and the issuance of warrants for arrest for war crimes, crimes against humanity and the crime of genocide in Darfur. The paper then considers some explanations for the flaunting of the laws including, rent-seeking behavior relative to natural resource assets, and appeals to state sovereignty. The development of the Responsibility to Protect principle is discussed as an alternative to conventional views of state sovereignty.