PROTECTING CIVILIANS DURING CONDUCT OF HOSTILITIES IN URBAN AND CYBER WARFARES

Samenvatting

Urban warfare is not a new method of warfare. Many cities have featured as a stage for violence since humans began building them. Similarly, the regime of cyber-attacks has been added to this trend of urban warfare. Consequent on the above, the paper examined the protection given to civilians in urban warfare as well as against digital threats. The paper argued that the major challenges in protecting civilians against the impact of war in cities is hinged on the lack of observance and obedience to the core tents of  IHL, inclusive of lack of adherence to the principles of distinction, proportionality and precautions which results in incidental loss of lives and infrastructure belonging to civilians. The authors therefore maintained that it may be difficult in contemporary armed conflicts in cities to strictly adhere to the core tenets of IHL as civilian infrastructures are located closely or near military objectives. This distinction is also difficult to achieve in cyber operations, for instance, the lack of adherence to the rules in selecting means and methods of warfare redounds to devastating impacts on civilians as weapons that are indiscriminate are deployed without subjecting them to Article 36 API procedures. The paper then recommends the training of the members of the armed forces and the adoption of the rules of engagement in national legislations to be incorporated into the military manuals of the armed forces or the codes of conduct of armed groups. The paper therefore concluded that all parties to the conflict must remember that armed conflicts have limits and must endeavour to adhere to the rules of IHL and States should prosecute and punish persons who disregard the rules and target civilians or civilian objects as this is a crucial aspect of their due diligence obligation.