Regulating Non-State Armed Groups Under International Humanitarian Law - Challenges and Prospects for Accountability In Africa

Abstract

Non-State Armed Groups are common participants in contemporary and typical African armed conflicts, yet the legal basis for holding them accountable, does not match the scale of their participation in hostilities, and violations of IHL. Although International Humanitarian Law regulates the conduct of parties to armed conflicts, including NSAGs, enforcement constitutes a serious challenge. The aim of this paper is to examine the legal basis of NSAGs’ obligations under IHL and the challenges for accountability with particular reference to African conflicts. The paper argues that IHL has adequate framework for the regulation of NSAGs, but enforcement remains a serious constraint. Adopting doctrinal methodology, which entails the analysis of treaty law, customary international law, and jurisprudence, the paper analyses the legal basis of NSAGs obligations under IHL and proposes a framework that best suits the context of African conflicts, in order to strengthen accountability. The paper proffers accountability model that combines domestic legal reform, regional institutional engagement, and direct interaction with NSAGs. The paper concludes by reiterating that effective accountability of NSAGs requires bridging the lacuna between normative framework and practical realities in contemporary African conflicts.