LAW OF ARMED CONFLICT AND NON-STATE ACTORS IN AFRICA

Abstract

Over the years, studies on International Humanitarian Law, also known as the Law of Armed Conflict, have been grounded in the discursive interrogation of the analytical relationship between the Law of Armed Conflict and State Actors, with a facile appraisal given to the nexus between the Law of Armed Conflict and Non-State Actors, specifically in Africa. Hence, this paper seeks to analyse the relationship between the Law of Armed Conflict and Non-state Actors in Africa. Considering the legal framework beyond the Geneva Convention, the paper examines the position of erga omnes and the Geneva Convention Common Article 3 in understanding the intersection of IHL and non-state actors in Africa. The paper establishes a typology for categorising Non-state Actors within International Law. This typology is adopted to avoid Fallacia Vaguitatis, as Non-State Actors can be quite vague if used carelessly. Furthermore, it is expected that the typology will help inform the reader on how non-state actors are understood in International Legal Scholarship. Beyond theoretical discussion, the paper includes empirical evidence through case studies to effectively analyze the dialectical relationship among the variables involved. The use of case study analysis offers a robust examination of the challenges and the international and domestic responses. The paper is ultimately not only analytical but also critical, providing recommendations on Quid faciendum est to strengthen the pillars of the Law of Armed Conflict in Africa.

Keywords: International Humanitarian Law, Non-state Actors, Law of Armed Conflict, Africa.