RODNEY OBUKWA G34/143083/2021

ABSTRACT

Pre-colonial African communities had a well-established system of human rights protection

applicable to armed conflicts, which became lost as a result of the break-up of traditional societies.
This paper will show that traditional rules can be revived and integrated into future conflict
management efforts. The ancient authentically African roots of International Humanitarian Law
could serve as receptors forming the basis for International Humanitarian Law and human rights law
dissemination. Listening to local communities and learning about their aspirations and cultural
practices should inform the peacebuilding programmes which need to be introduced before the
cessation of hostilities. In the long run, engaging the armed non-state actors in the development of
norms, could help improve certainty and predictability of International Humanitarian Law.

The International Committee of the Red Cross examined the historical relationship between Africa
and International Humanitarian Law,as reflected in traditional customs of different ethnic groups.

Example ;

 WOUNDED ENEMY SOLDIERS WERE TREATED AND CARED FOR. -- “There is no water that can
wash a stranger’s blood” When Fulani warriors captured wounded prisoners of the
opposition, they were turned over to the women to treat and care for them. As there is a
special place for stranger’s in African culture, They are treated with respect and dignity.
RULES OF INTERNATIONAL HUMANITARIAN LAW “Whenever circumstances permit, and
particularly after an engagement, each party to the conflict must, without delay, take all
possible measures to search for, collect and evacuate the wounded, sick and shipwrecked
without adverse distinction.”

 ZONES ESTABLISHED TO SHELTER THE WOUNDED, THE SICK AND CIVILIANS FROM THE
EFFECTS OF HOSTILITIES MAY NOT BE ATTACKED. FIGHTING BETWEEN TRIBES TOOK PLACE
OUTSIDE THE VILLAGE. Tribes in Senegal, Togo and Ghana only fought outside the village to
protect the women, children and elderly, or they were relocated to a safe area during the
fighting. Senegal, Togo and Ghana .RULES OF INTERNATIONAL HUMANITARIAN LAW “Parties
to an armed conflict may establish hospital, safety and neutralized zones to shelter the
wounded, the sick and civilians from the effects of hostilities.” “Directing an attack against a
zone established to shelter the wounded, the sick and civilians from the effects of hostilities
is prohibited.” GC I Art. 23; GC IV Arts. 14 and 15 & CIHL Rule 35

 PARLEMENTAIRES MAY NOT BE ATTACKED. MESSENGERS AND WARRIORS NO LONGER

FIGHTING WERE PROTECTED FROM ATTACK BY USING FACE PAINT OR HOLDING BATONS OR
GRASS. -- Tribes in the Sahel Region made messengers carry a distinctive emblem such as an
official baton or donned face paint which exempted them from fighting and protected them
from attacks. RULES OF INTERNATIONAL HUMANITARIAN LAW “Parlementaires* are
inviolable.” “Parlementaires taking advantage of their privileged position to commit an act
contrary to international law and detrimental to the adversary lose their inviolability.” “The
improper use of the white flag of truce is prohibited.” CIHL rules 58, 66, 67 and 69
*parlementaire: person belonging to a party to the conflict who has been authorized to
enter into communication with another party to the conflict.
 PARTIES TO THE CONFLICT MUST AT ALL TIMES DISTINGUISH BETWEEN CIVILIANS AND
COMBATANTS. WARRIORS DONNED DISTINCTIVE ARMBANDS. Maasai warriors wore
distinctive armbands to distinguish themselves from the civilian population. RULES OF
INTERNATIONAL HUMANITARIAN LAW “In order to promote the protection of the civilian
population from the effects of hostilities, combatants are obliged to distinguish themselves
from the civilian population while they are engaged in an attack or in a military operation
preparatory to an attack...” AP I Art. 44(3)(sentence 1) & CIHL Rule 10.

 EFFECTIVE ADVANCED WARNING SHALL BE GIVEN TO CIVILIANS BEFORE ATTACKS. SIGNALS

SUCH AS BEATING DRUMS WERE GIVEN TO WARN OF UPCOMING BATTLES. When the
Ashanti were faced with battle, a royal drum was beaten to signal the upcoming battle and
to call the warriors whilst warning civilians of upcoming danger. The Ashanti, Ghana In the
Oronn district in Nigeria, when one town decided to go to war against another, two men
were sent to lay a plantain leaf upon the road entering the town, signaling an official
declaration of war and warning civilians of impending hostilities. RULES OF INTERNATIONAL
HUMANITARIAN LAW “Effective advanced warning shall be given of attacks which may
affect the civilian population, unless circumstances do not permit.” AP I Art. 57(2)(c) & CIHL
Rule 20