An analysis of International Humanitarian Law and Protection of Civilians during Internal Armed Conflict: A case study of South Sudan
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Date
2015-11
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Kampala International University, School of law.
Abstract
This thesis explored the position of International Humanitarian Law (IHL) in the on-going
internal armed conflict in South Sudan. This topic became a subject of exploration in this
study because there has been minimal scholarly inf01mation regarding violation of IHL in on
- going armed conflicts in South Sudan yet many humanitarian challenges and human right
abuses as well as violations that have been.
This study found out that International Humanitarian Law encompasses vanous aspects
related to protection and respect of human rights and humanitarian assistance thus the
warring parties in South Sudan what they are supposed to adhere to. The elements of IHL are
embedded in the African Charter on Human and People's Rights; African Court on Human
and Peoples' Rights; International Criminal Law; Bill of Rights of the Transitional
Constitution of Republic of South Sudan (Constitution); South Sudan's criminal law and the
Penal Code Act of the Republic of South Sudan, 2008. There were several challenges related
to abuses and violations of the human rights that civilians have been facing since the internal
armed conflict started in South Sudan. The position of the IHL has not been fully respected
and adhered to in the ongoing armed conflict.
The study recommends that the government of South Sudan should ensure that individuals as
well as the media are able to freely seek and receive information or express themselves while
respecting, protecting and promoting their right to privacy; the government of South Sudan
should uphold and adhere to the international obligations. The International community in
partnership with the NGO in South Sudan as well as human rights defenders should urgently
carry out country-wide sensitization of citizens on the contents of the IHL thus ensuring that
warring parties understand their role in peaceful; and the international communities. There
should also implement court decisions in order to ensure promotion IHL as well as the rule of
law and avoid impunity in the country.
Description
A thesis Presented to the School of Postgraduate Studies and Research Kampala International University Kampala, Uganda in Partial Fulfillment of the Requirements for the Award
of a Degree of Master of Laws in Public International Law of Kampala International University.
Keywords
International Humanitarian Law, Civilians, Analysis, Protection, South Sudan