AN APPRAISAL OF THE RIGHTS OF PROTECTED PERSONS IN ARMED CONFLICT SITUATIONIN INTERNATIONAL HUMANITARIAN LAW
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ABSTRACT
This study aimed at appraisingthe current legal regime on the rights of protected persons during armed conflict situation in International Law. In other words, this dissertation discussed the legal instruments dealing with the protection of the rights of protected persons in armed conflict situation, namely the Four Geneva Conventions of 1949 and its Additional Protocol 1 of 1977; and the protection of the human rights of such persons in general terms. On this note, the sources of information relied upon for this research include relevant books,(both local and foreign),articles in journal publication, seminar, conference and internet materials. However, the statement of problem of this dissertation is that egregious violations of International Law (IL)are being committed every day both by States and Non-States Parties in their failure to protect persons in armed conflict situation. Consequently, this lead to failure of commitment to protect the rights of protected persons by States in armed conflict damages or destroys lives, community identity and links with the past, present and future as well as diminishes the cultural heritage of human kind. Thus, the objective of this dissertation is to identify the reasons accounting for failure to protect by States with a view to ensuring that perpetrators of gross violations and abuses of such rights are held accountable without any barriers. In the course of this research it was found (among others) that, the existence of prohibitive cultural barriers stand as a challenge to the implementation of the right to protect in armed conflict particularly where it affect gender and women‟s rights. More so, is the non-enforcement of the Geneva Conventions and the Additional Protocol to the Geneva Conventions and all the rights the protected person are entitled to by the State parties in armed conflicts situations.In the light of the general discourse, this research was concluded by recommending (among others) that there was the continuous need to strengthen the existing Conventions and Protocols protecting the rights of persons in armed conflict situation in International Humanitarian Law.
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