OD Michael (Nnamdi Azikiwe University) has posted OD Michael (Nnamdi Azikiwe University) has posted Reconciling International Humanitarian Law And Human Rights Law: Legal Tensions and Enforcement Challenges in Contemporary Armed Conflicts in Nigeria and Democratic Republic Of Congo (LawFoyer International Journal of Doctrinal Legal Research, volume 3, issue 3, 2025) on SSRN. Here is the abstract:
This paper critically examines the complex interplay between International Humanitarian Law(IHL) and International Human Rights Law(IHRL) within the context of contemporary armed conflicts. While both frameworks aim to protect human dignity and limit abuses during war, their concurrent application in modern conflicts- often characterised by asymmetry, urban warfare, and non-state actors, creates practical and normative tensions. The doctrinal research methodology was adopted, drawing from relevant international instruments, treaties, reports, journal articles, case law, and the operational guidance of the ICRC. Highlighting situations from Nigeria, and the Democratic Republic of the Congo, the paper aimed at analyzing the operational challenges of enforcing these legal regimes amid state fragility, fragmented accountability mechanisms, and shifting conflict dynamics. Findings show that while the convergence of International Humanitarian Law and International Human Rights Law offers pathways to strengthen civilian protection and accountability, enforcement deficits persist, with widespread violations including arbitrary detention, extrajudicial killings, and sexual violence remaining prevalent in conflict zones. And practical implementation often falters due to limited institutional capacity, zero military will, operational constraints within military practice, and the lack of a solid accountability mechanism. The paper therefore proposes a framework for reconciliation of International Humanitarian Law and International Human Rights Law, advocating for a normative integration in operational frameworks, scenario-based training for armed forces, strengthened independent accountability mechanisms, and victim-centred reparative measures to translate legal protections into tangible protections. Drawing on the works of scholars such as Melzer, Lubell, and Milanovic, and the operational guidance of the ICRC, it is demonstrated by the paper that harmonising these legal regimes is not a theoretical exercise but a practical necessity to protect human dignity in conflict settings especially in Sub-saharan Africa.