The History and Development of the Law of Armed Conflict (Part II)

by | Oct 1, 2019 | AYIH, AYIH 2015

The History and Development of the Law of Armed Conflict (Part II)

Authors Arthur van Coller

ISSN: 2521-2621
Affiliations: Senior lecturer, Nelson R Mandela School of Law, University of Fort Hare
Source: African Yearbook on International Humanitarian Law, 2015, p. 1 – 23

Abstract

This paper is Part II in a two-part series, and continues the investigation into the history of armed conflict and its influence on the development of the Law of Armed Conflict (LOAC). Part I considered the early history of armed conflict and its implications on the development of the LOAC. The historical events leading up to The Hague Peace Conference of 1907 has shown that the development of armed conflict is closely linked to scientific, military and industrial technology. Part II considers the development of armed conflict during the subsequent time period from 1907 to the present day. The paper concludes with some prognostic observations. Thus, the developments in the LOAC reflect an attempt to regulate specific weapons that have developed as a result of technological advancements. Fifth-generation warfare will see new dimensions and perspectives regarding the options available to military and political commanders and will be decidedly influenced by information dominance through sustained cyber technologies and military force.

Persuasive Prevention: Ending Mass Atrocities in Africa

by | Oct 1, 2019 | AYIH, AYIH 2016

Persuasive Prevention: Ending Mass Atrocities in Africa

Authors Dan Kuwali

ISSN: 2521-2621
Affiliations: Extraordinary Professor of International Law, Centre for Human Rights, University of Pretoria, Distinguished Professor of International Law and International Relations, University of Lilongwe, Malawi, and Fellow, Carr Centre for Human Rights Policy, Harvard Kennedy School of Government
Source: African Yearbook on International Humanitarian Law, 2016, p. 108 – 136

Abstract

Africa is a continent which has experienced some of the world’s worst mass atrocities. Notwithstanding the provision of the right to intervene in a member state in the face of war crimes, genocide and crimes against humanity under Article 4(h) of the Constitutive Act of the African Union and construction of an ambitious continental human rights protection architecture, Africa is still a continent riddled with conflicts where mass atrocities have flourished. This paper advances a concept of ‘persuasive prevention’— a graduated approach to secure respect for human rights and humanitarian norms as well as conflict prevention strategies through constructive engagement by civil society and the international community with potential perpetrators, backed by credible multilateral enforcement mechanisms. The aim of the Article 4(h) intervention should, first and foremost, be to prevent mass atrocities from occurring and, where mass atrocities are occurring; intervention should be aimed at protecting the populations at risk and the pursuit of perpetrators.