AN ASSESSMENT OF THE LAW OF ARMED CONFLICT AND INTERNALLY DISPLACED PERSONS IN THE SYRIAN CIVIL WAR: THE NEED TO STRENGTHEN PROTECTION

Abstract

Following the Syrian Civil War which only started as a peaceful protest against the government of President Bashir al Assad, about 6.2 million Syrians have been internally displaced. The displacement followed from the brazen violations of the basic principles of the Law of Armed Conflict made evident in the targeting of civilians not taking active part in the armed conflict. The employment of chemical weapons; planting of landmines; bomb-shellings; and airstrikes among other tactics were used by both the Syrian-Russian Alliance and the non-State armed groups in civilian populated areas, in complete disregard of their effect on the civilian population. Even at the Internally Displaced Persons’ camps, civilians are not spared as they are also faced with further violations such as sexual and gender-based violence. This paper, adopting doctrinal method of research and case evaluation of the Syrian Civil War, interrogates the status of internally displaced persons and their protection under the Law of Armed Conflict. The paper argued that internal displacement is one of the consequences of lack of respect for the basic principles of the Law of Armed Conflict which among other things prohibits direct attacks against civilians and civilian objects. It further contended that internally displaced persons not taking active part in armed conflict are civilians entitled to protection against the effect of military operations. The paper suggested that the challenge of internal displacement posed on the Law of Armed Conflict by the Syrian Civil War, can better be tackled by ensuring effective respect for the basic principles of the Law of Armed Conflict such as the principles of distinction, proportionality and military necessity, by all the parties to Civil War.