PROTECTION OF THE RIGHTS OF INDIVIDUALS IN ARMED CONFLICT SITUATION

PROTECTION OF THE RIGHTS OF INDIVIDUALS IN ARMED CONFLICT SITUATION

INTRODUCTION

The history of human kind right from antiquity testified that,

conflict or rather armed conflict between individuals, families,

tribes and nations has been part of the nature of human persons.

Policy of force was encouraged by disinclination of state of Europe

during the dark ages through the Middle Ages, to consider any

community other than one which was loosely related to them as

Barbarian who did not deserve to be treated on equal footing. An

example is the case of Romans who treated none but their Latin

cousins as equals, while they treated the rest of the world as

Barbarians who deserved to live only under Roman Dominance.1

During the period referred to above, the rights of combatants as

well as non-combatants, e.g. civilians, women, children, aged

persons, religious persons and injured combatants were not

properly and adequately respected and protected during armed

conflict situations. However, even at that period, certain

individuals as well as some religious leaders tried with some

greater or lesser success to limit the suffering of war among

combatants and non-combatants.2

For instance, two thousand years before Christ, King Hammurabi

of Babylonia (now in Iraq) codified rules of conduct in war.3

In India, the text of Maharabati and Manu Codes provided that,

mercy be shown to the disarmed and wounded enemy. 4

Over fourteen hundred years ago (7th Century, A. D.), the religion

of Islam laid down comprehensive rules of war, in order to

alleviate the suffering of war to both combatants and noncombatants.

In the 17th Century, the Dutch legal scholar and diplomat, Grotius,

wrote his book entitled De juri Belli – Acpacis, which was

considered to be the first attempt to draw up rules of international

law, protecting the victim of armed conflict.6

However, the first modern attempt to draw up a binding code for

the conduct of armed forces in the field was that prepared by

Professor Francis Libber of the United States of America,

promulgated as law, by President Lincon in 1868, during American

Civil War. This code though only binding upon United States of

American forces was based on what Libber regarded as the

generally accepted law of his day.7

TOPIC: PROTECTION OF THE RIGHTS OF INDIVIDUALS IN ARMED CONFLICT SITUATION

Chapters: 1 - 5
Delivery: Email

Number of Pages: 75

Price: 3000 NGN

In Stock

Buy the Complete Material Now