Unpacking the impact: International humanitarian law in the Central African Republic.

International humanitarian law is a set of rules whereby for the sake of humanity protects people who are/were in hostilities and imposes limits on methods of warfare as such it is called the “law of war” . According to the Humanitarian Needs Overview (HNO) 2023, 3.4 million people of the CAR or 56 per cent of the population, need humanitarian assistance and protection which is a shocking fact. In international humanitarian law, the obligations to care for the wounded, provide for prisoners, and ensure supplies and public health in occupied territories must be fulfilled by the occupying Power.

Understanding the humanitarian crisis in the Central African Republic.

The Central African Republic gained independence from France in 1960 but has since experienced political instability with multiple military coups. Attempts at economic development through mineral and cash crop exploitation, as well as support from France, have been hindered by clientelism and authoritarianism.

Youth unemployment in the CAR reflects the economic challenges faced in recent decades . High rates of joblessness and lack of opportunities are exacerbated by a very young working-age population. Significant challenges in education and gender equality are visible. Maternal mortality in the country is also among the highest in the world. Overall, the Central African Republic faces challenges in education, gender equality, economic instability and high rates of violence and conflict. These issues contribute to widespread poverty, malnutrition, and limited access to basic services.

The role of international humanitarian law in addressing the crisis.

The most important sources of contemporary international humanitarian law are the four Geneva Conventions of 12 August 1949 and the two Additional Protocols of 8 June 1977 .

The principles of International Humanitarian Law (IHL) govern the conduct of parties involved in armed conflicts. They aim to minimize suffering and protect the rights of individuals affected by armed conflicts, promoting the principles of humanity, proportionality, and distinction.

One fundamental principle is that attacks should only be directed towards combatants or military objectives, ensuring the protection of the civilian population and individual civilians. Civilians can only be targeted if they directly participate in hostilities. Additionally, IHL prohibits the use of certain types of weapons that cause unacceptable harm to combatants.

The existing legal framework on IHL is robust and does not need to be reinforced, nor does the global policy framework on the protection of aid and health workers, but there is a problem regarding the practical applicability of these laws.

The role of IHL in solving this problem is to ensure that the existing legal framework is effectively implemented and enforced, and to promote greater awareness and understanding of the laws among all relevant actors , including aid and health workers, armed forces, and non-state armed groups.

If weapons are too easily available, serious IHL violations will be made more likely and the??? provision of humanitarian assistance endangered. Hence by decreasing the availability of weapons to contending parties it is possible to facilitate humanitarian aid and assistance swiftly.

Challenges and opportunities in implementing international humanitarian law and the way forward

Significant human rights violations were an obstacle to implementing IHL in the CAR including credible reports of unlawful killings including extrajudicial killings, inhuman and degrading treatment by the government, serious government corruption coupled with restrictions on domestic and international human rights organizations.

Lack of investigation and accountability for gender-based violence, including domestic violence, sexual violence, workplace violence, child, early, and forced marriage.

The government took steps to investigate, prosecute, and punish officials for alleged human rights abuses and corruption, including in the security forces. The government had mechanisms in place to identify and punish officials who committed human rights abuses or engaged in corruption, but a climate of impunity and a lack of access to legal services remained obstacles to citizens` ability to obtain formal justice.

Sierra Leone successfully implemented international humanitarian law during its civil war through the establishment of the Special Court for Sierra Leone. This court prosecuted and convicted high-ranking officials for war crimes and crimes against humanity, providing accountability and justice for the victims and relieving the suffering of the civilian population.

Where IHL is applicable, the lessons to be learned from the Sierra Leone conflict demonstrate that compliance with IHL can add a further layer of relief to address the impacts on the civilian population.

The government's processes for addressing human rights abuses and corruption present an opportunity to reinforce international humanitarian law in the Central African Republic. Holding perpetrators accountable sends a strong message against IHL violations.

Spreading knowledge of the basic rules of international humanitarian law, such as those that prohibit attacks on people who have been injured or on medical vehicles. This could be a means to improve the implementation of IHL as it encourages those with knowledge to act and those without to listen and learn.

The ICRC is committed to addressing the challenges of teaching the basic rules of international humanitarian law to armed groups and civilians in conflict-ridden and chaotic environments, such as the Central African Republic.

Despite pervasive dangers and impunity, the ICRC remains committed to neutral, impartial humanitarian efforts and ongoing dialogue with all involved in armed violence. International organizations play a crucial role in increasing awareness of international humanitarian law among warring communities, enhancing law applicability.

Conclusion

The significance of IHL is particularly important for those who could not defend themselves in dire times; it becomes the law in times of war even when the supreme law of the land is disregarded so implementing IHL in times of war and violence is a way of protecting human dignity and respect for the lives of men.

In conclusion the problems suffered in CAR were severe enough to threaten the very existence of the country but the provisions of IHL were of help to those in need, even though a lot is expected to be improved in the implementation of IHL.

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