Africa and the Law of Armed Conflict

Abstract

In recent years, armed conflicts in Africa have been marked by a number of new trends: the rise of non-state armed groups, the increasing asymmetry of the fighting, the involvement of international humanitarian organizations, the frequent attacks on peacekeepers and civilians, and the use of child soldiers, among many others. Due to the dynamic and ever-changing character of armed conflicts in Africa, it is essential to build systems to guarantee that all parties engaged take their individual roles seriously and that effective supervision is conducted. However, it is surprising to note that despite the International Committee of the Red Cross (ICRC) maintaining 33 delegations in Africa overall, African nations and people do not substantially contribute to the Global Law of Armed Conflict conversation. These problems can be traced back to Africa's isolation before the founding of the current ICRC. The purpose of this paper is to discuss Africa's position under the law of armed conflict. This paper argues that Africa maintains a relatively low presence in the global discussion on the Law of Armed Conflict (LOAC) at both the inter-state and intellectual levels. This is arguably the primary reason why the most pressing current challenges confronting the LOAC in Africa do not figure prominently in this global debate. This work also submits that the excessive focus on pan-Africanism in regional integration within Africa is also one of the barriers to the mainstreaming of more global regimes of law, such as LOAC. Lastly, I submit that the advancement of scholarly knowledge on LOAC in Africa is necessary. Through conference speeches and academic publications, African researchers can make a significant contribution to bringing topics of African concern to a global audience.