PREVALENCE OF NON-STATE ACTORS IN 21ST CENTURY ARMED CONFLICTS AND ITS EFFECT ON WOMEN: A LEGAL APPRAISAL

Abstract

During times of armed conflict, whether international or non-international armed conflict, International Humanitarian Law is applicable. As a body of law, International Humanitarian Law does not question the cause, course, propriety and/or legality of a conflict but seeks instead to apply humanitarian principles in such times of conflict, it recognizes that war or warfare has limits irrespective of the cause or course thereof, and then strives to establish humanitarian parameters to the means and method of warfare, and to alleviate the suffering so often occasioned on individuals who are not taking part (participating) in the hostilities and the conflict/warfare. This article examines the changing and challenging nature of armed conflicts in the 21st century [modern day] warfare/conflicts. The realities of the modern-day armed conflicts have queried the adequacy of International Humanitarian Law in the face of an evolving pattern of conflict. The objective of the research is to emphasize that there has been a notable shift in the manner in which conflict were traditionally fought in the present-day armed conflict from what was obtainable in early 1990s. Contemporary armed conflicts are now vastly different from those prevailing in the first part of the twentieth century. Presently the new pattern of armed conflicts has become very complex and thus has posed a severe challenge to the implementation of the International Humanitarian Law rules. This paper recommends the need to engage the non-state actors in negotiation, to enhance respect of International Humanitarian Law by the non-state actors and to limit the method and means of warfare while preventing human suffering in times of armed conflict. The methodology used is the doctrinal study of the key subject of this research, and appropriate references made accordingly. Reliance was also placed on other international instruments relevant to the research topic.