PROTECTION OF CIVILIANS IN RUSSIAN-UKRAINE WAR: BRIDGING THE GAP BETWEEN LAW AND REALITY
PROTECTION OF CIVILIANS IN RUSSIAN-UKRAINE WAR: BRIDGING THE GAP BETWEEN LAW AND REALITY

Summary/Abstract: The literature of International Humanitarian Law has proved that the aim of IHL above all is to protect civilians and victims of armed conflicts and regulate hostilities grounded on equilibrium among humanity and military necessity. As such the Russian invasion of Ukraine has shown an absolute breach of International Humanitarian Law (IHL). The recent human watch reports have shown that around 4.800 civilians have lost their lives and approximately 6.000 civilians injured which makes a large-scale violation of basic principles of IHL. The protection of the civilian population is duty obligatory to the parties under IHL as an undisputed cornerstone.In this paper I offer an overview and elaboration of the question of protection of civilians while adopting a “black letter” methodology by reviewing appropriate literature, this paper examines the protection of the civilian population in the Russia-Ukraine war and the obligation of the parties in effecting this protection; with the view of making recommendations in the direction of strengthening the protection of the civilian population. This paper identifies the principles of distinction as crucial in guaranteeing human protection. In this paper I offer the account that this principle has been fragrantly violated in the Russia-Ukraine war. The paper argues that the protection of the civilian population is an obligation imposed on the parties to the Russia-Ukraine war under IHL. The paper further argues that degree to which the parties to the armed conflict respect the principles of IHL this then defines the magnitude to which the civilian population will be protected from hostilities.

• Details
• Contents