| dc.description.abstract | Despite almost universal ratification of international Humanitarian Law of Armed Conflicts by states, the implementation of this law on the ground reveals a different situation. IHL has been violated in the course of waging armed conflicts. In the post-cold war period, there has been marked proliferation of non-international armed conflicts. One defining feature of these conflicts is gross violation of human rights in general and IHL in particular. This raises the question of what implementation challenges states face in observance of IHL.
This study addresses the challenges states face in implementing IHL based on Kenya 2007 post-election conflict. During this conflict, there were systematic and multiple violations of IHL by government security agencies, organized ethnic and political parties' militias and civilians. These violations took place despite that Kenya has ratified and domesticated the main legal instruments of the IHL. These are the Geneva conventions of 1949, the Additional Protocols of 1977 and Rome statute of 1998 establishing the International Criminal Court.
Data for the study have been collected using content analysis and interview methodologies. Content analysis involved collection of data from secondary sources such as mass media, books and internet sources on international humanitarian law and its implementation in general as well as data on Kenya 2007 post- election conflict. Content analysis has been augmented by use of interview method to gather primary data. Data generated has been qualitatively analyzed and inferences made against the study objectives and hypotheses.
The study concluded that several implementation challenges of IHL of Non-International Armed Conflicts were faced during the Kenya 2007 post election violence. The main challenges were dysfunctional institution of policing characterised by logistical and human resource under capacity, low morale, lack of respect for human rights and political interference. Further, the entrenced culture of impunity encouraged political leaders to rely on organized ethnic/ political party militias to unleash violence on perceived opponents. Finally there is lack of sustainable programs for creating awareness of IHL, either by governmental or non-governmental agencies. | en_US |
