Fractured humanity: unravelling the paradoxes of international Humanitarian Law in Africa’s contemporary conflict

Abstract

"Fractured Humanity: Unraveling the Paradoxes of International Humanitarian Law in Africa’s Contemporary Conflicts" by Isaac Christopher Lubogo This book, Fractured Humanity: Unraveling the Paradoxes of International Humanitarian Law in Africa’s Contemporary Conflicts, provides an indepth exploration of the complexities and challenges faced by International Humanitarian Law (IHL) in addressing the realities of modern warfare, with a particular focus on the African continent. Written by Isaac Christopher Lubogo, it critically examines how IHL—intended to mitigate human suffering during armed conflict—often finds itself fractured in the face of Africa's dynamic and multidimensional conflicts. Africa’s contemporary conflicts are characterized by civil wars, ethnic strife, terrorism, guerrilla warfare, and crossborder violence. These conflicts present unique challenges that expose the limitations and paradoxes of IHL. The book begins by dissecting the very foundations of IHL, exploring its principles of humanity, distinction, proportionality, and necessity. It scrutinizes these principles in the context of African conflicts, questioning their adequacy and adaptability to the continent’s complex and evolving conflict landscape. Central to the analysis is the apparent dissonance between the theoretical ideals of IHL and its practical implementation in Africa. The author delves into the causes of warfare in Africa, examining the political, economic, social, cultural, and psychological factors that drive conflicts. These causes include power struggles, competition for natural resources, ideological battles, historical injustices, and the legacies of colonialism. The book underscores how these multifaceted causes create conflicts that do not fit neatly into the conventional frameworks of IHL, leading to significant challenges in its application and enforcement. The book further explores the concepts of jus ad bellum (the right to war) and jus in bello (the law in war), analyzing how African states and nonstate actors navigate the murky waters of legality and morality in their use of force. Lubogo presents detailed case studies from conflicts in regions such as Sudan, the Democratic Republic of Congo, Somalia, and Nigeria, highlighting instances where IHL has been both upheld and violated. He explores how combatants and noncombatants alike become entangled in a web of humanitarian dilemmas, revealing the inadequacy of IHL's protective scope in asymmetric warfare and noninternational armed conflicts that dominate the African context. The book also addresses the paradoxes of IHL, such as the clash between sovereignty and the international community's responsibility to protect (R2P), the tensions between state security and human rights, and the practical difficulties of enforcing IHL amidst the blurred lines between combatants and civilians. Lubogo provides a critical analysis of how African conflicts often render the principle of distinction nearly impossible, as seen in conflicts where child soldiers are used, and civilians are forcibly recruited or coerced into participation. Furthermore, the book discusses competition under war, where African conflicts often involve various actors, including state militaries, insurgent groups, mercenaries, and international forces, all competing for control over resources, territory, and influence. Lubogo examines how these competitions exacerbate violations of IHL and the erosion of humanitarian norms, complicating peace efforts and prolonging suffering. In addressing these paradoxes, the book proposes a reevaluation of IHL in the African context. It calls for an adaptive and contextspecific approach to humanitarian law that acknowledges the continent's unique challenges. Lubogo suggests that while the fundamental principles of IHL remain relevant, their application must evolve to effectively address contemporary realities, including the rise of nonstate actors, the changing nature of combat, and the persistent challenges of enforcing accountability. The book concludes by offering recommendations for strengthening the role of IHL in Africa’s conflicts. These include enhancing the capacity of African legal and judicial institutions to prosecute war crimes, increasing engagement with local communities to foster compliance with humanitarian norms, and promoting a greater balance between sovereignty and international responsibility in addressing gross violations of human rights. Overall, Fractured Humanity is a critical and thoughtprovoking analysis of IHL’s role in Africa’s contemporary conflicts. It exposes the fractures within the humanitarian framework and challenges the international community to rethink its approach to addressing human suffering in warfare. The work provides a vital contribution to the discourse on international law, human rights, and conflict resolution, calling for an evolution in both the understanding and application of IHL to bridge the gap between legal theory and the lived realities of war