Sixpence, Pedzisai
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International Humanitarian Law and Military Intervention: Reflections on Operation Allied Forces in the Former Federal Republic of Yugoslavia in 1999 Sixpence, Pedzisai; Chilunjika, Alouis
International Journal of Law and Public Policy (IJLAPP) Vol 2 No 2: September 2020
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0202.132

Abstract

Military intervention is a crucial tool used to compel nation states to abide by the principles of international law. The United Nations, through its Charter (Chapter VII) authorises the use of force by the UN and or regional organisations as a legitimate scheme of settling international disputes. A closer look on the majority of these interventions, however, shows that the conduct of the forces taking part in these interventions turn to violate some crucial principles of international law. Additional Protocol 1 of 1977 to the 1949 Geneva protocols provides for the regulations in terms of the conduct of forces in an armed conflict to minimise civilian carnage and injuries as well as damage on civilian objects. This paper assessed the effectiveness of International Humanitarian Law (IHL) in cases of a military intervention. The study was a case study focusing on the experiences of the North Atlantic Treaty Organisation (NATO) forces that intervened in the former Federal Republic of Yugoslavia (FRY) in 1999. The study depended on secondary sources of information. The paper reveals that forces taking part in these operations normally harm civilian population and objects beyond reasonable proportion if they do not pay attention to the details on the ground. The paper then recommends that more should be done to uphold and adhere to the provisions of Chapter VI of the UN Charter while ensuring that forces taking part in military interventions are parties to key international legislations that govern their conduct to prevent states from purposefully violate the law.
Options for Post-Election Conflict Resolution in Africa Sixpence, Pedzisai; Chilunjika, Alouis; Sakarombe, Emmanuel
International Journal of Law and Public Policy (IJLAPP) Vol 3 No 1: March 2021
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0301.186

Abstract

Elections in most emerging democracies are generally characterised by irregularities which in turn fuel violent and non-violent expressions of displeasure before, during and after the voting excise. This paper discusses options for post-election conflict resolution with focus on African experiences since 2000. The paper holds that political and nonpolitical, local and international actors, play a dire role in ensuring that election-related insecurities are at least pacified. The paper assessed the constitutional, political and diplomatic alternatives to post- election conflict resolution. The paper goes further to examine the challenges that faced by African states in their exertion to deal with post-election conflicts. The study provides recommendations to inform the successes of the he post-election conflict resolutions in Africa. This paper establishes that most African states have lucrative legal frameworks on conducting elections and dealing with post-election unfortunate eventualities, the most compromise comes from, however, lack of political will and respect for the municipal ad international regulations. Furthermore, the paper realises that the continent, in some cases, lacks capacity and effectiveness on policy implementation to enforce electoral outcome or court rulings.