While many African countries continue to live with the daily consequences of armed conflict, the proper application and implementation of international humanitarian law (IHL) – starting with the ratification of IHL instruments – has the potential to limit the effects of armed conflict on the continent. Despite the legitimate challenges that African governments face in adhering to IHL instruments, a number of practical tools exist to help enhance compliance with the law, and therefore to contribute to a reduction in the harmful effects of conflict on affected African communities.
The reality on the African continent
The protracted nature of many of the conflicts on the African continent means that some youth stand to be born and live much of their lives facing conflict or the consequences of conflict. Simultaneously, the continent finds itself in a time when it is determining and working towards attaining its own agenda – namely Agenda 2063, the African Union’s strategic framework for the transformation of the African continent. Any progress made in Africa stands to be hampered by the continued challenges brought by instability due to armed conflict. There is therefore an imperative on Africa that she do her utmost to alleviate the harm that conflict brings to society. We believe that reverting to basics can help States in this regard.
Treaties remain an important source of IHL, being the avenue through which most of the rules of IHL are developed and crystallized. Ratification of IHL instruments is therefore an important means of recognizing and affording protection to victims of armed conflict. While the rate of ratification of IHL instruments on the African continent is generally relatively slow, we have identified a number of legitimate challenges faced by African States throughout the process of ratification. These include internal obstacles such as administrative lethargy; external obstacles such as financial obligations of ratification; and purely practical obstacles such as lack of human and financial resources as well as the technical nature of some of the weapons treaties. Considering these numerous challenges, we propose a number of very practical tools and activities that can help enhance compliance with IHL instruments by African States.
