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VOL. 8, ISSUE 4 (2022)
Legal status of the civilian population in the situation of war: The way forward
Authors
Ethelbert Obiorah Ezeh, Ifunanya Amasiatu
Abstract
War was forbidden. The Charter of the United Nations states clearly that the threat or use of force against other States is unlawful. Since 1945, war has no longer been an acceptable way to settle differences between States. However, this fact was no so clear; The Charter did not completely out-lawed the use of force. Indeed, States retain the right to defend themselves, individually or collectively, against attacks on their independence or their territory, in response to a (legal or illegal) use of force. The Charter's prohibition of the use of force did not encompass internal armed conflicts (or civil wars). Chapter VII of the Charter allows member States the use of force in collective action to maintain or restore international peace and security. Wars does in fact occur, as we all know, despite their being outlawed by the Charter of the United Nations. Armed conflicts are a sad reality in our contemporary world. The objective of international humanitarian law was to limit the suffering caused by warfare and to alleviate its effects. Its rules were the result of a delicate balance between the exigencies of warfare (" military necessity ") on the one hand and the laws of humanity on the other. Humanitarian law was a sensitive matter and it suffered no Tampering. Civilians fell within the category of protected persons during any of the armed conflict and as such are entitled to the protection available under the relevant laws which provide for such protections.
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Pages:171-176
How to cite this article:
Ethelbert Obiorah Ezeh, Ifunanya Amasiatu "Legal status of the civilian population in the situation of war: The way forward". International Journal of Law, Vol 8, Issue 4, 2022, Pages 171-176
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