Petition: Addressing Gaps in International Humanitarian Law to Protect Civilians in Conflict Zones

A. CURRENT CHALLENGE:

Currently, there is no specific provision in international humanitarian law (IHL) that can effectively stop the rising civilian casualties in places like Gaza and Lebanon. The law essentially states that if parties want to engage in conflict, they can, but they must ensure they do not spill 'excessive' civilian blood (as per the principle of proportionality). 

However, the law does not explicitly prohibit fighting near sensitive locations such as schools, hospitals, or densely populated areas with large civilian numbers. 

This lack of clear, enforceable restrictions on combat near civilian infrastructure is a major factor contributing to the ongoing humanitarian crises, marked by rising deaths and mass civilian displacement.

B. POSSIBLE SOLUTION REQUIRES THE AMENDMENT OF THE RELEVANT INTERNATIONAL LAWS, WHICH CAN ALSO BE TRIGGERED VIA A PETITION:

Petition: Addressing Gaps in International Humanitarian Law to Protect Civilians in Conflict Zones

To: The United Nations, Member States, and Relevant International Bodies

Subject: Urgent Action to Amend International Humanitarian Law (IHL) and Strengthen Civilian Protections in Conflict Zones

We, the undersigned, call on the United Nations and its member states to address critical gaps in international humanitarian law (IHL) that have led to the tragic and preventable loss of civilian lives in conflict zones, particularly in Gaza, Lebanon, and other war-torn areas.

BACKGROUND:

International Humanitarian Law, including key frameworks like the Geneva Conventions and their Additional Protocols, provides protections for civilians in armed conflict. However, current IHL, particularly the principle of proportionality, permits military actions resulting in civilian casualties as long as these are not deemed "excessive" in relation to the anticipated military advantage (Geneva Convention Protocol I, Article 51). While this principle aims to protect civilians, it does not go far enough in the context of modern warfare, where armed groups often operate in densely populated civilian areas, using schools, hospitals, and residential neighborhoods for military purposes. These actions drastically increase civilian casualties and contribute to overwhelming humanitarian crises that challenge the ability of nations and international bodies to respond effectively.

THE PROBLEM:

1. Civilian Casualties and Displacement:

Current IHL lacks clear and enforceable prohibitions on conducting military operations near densely populated civilian areas, such as schools and hospitals. This gap results in high civilian death tolls, mass displacement, and the destruction of essential infrastructure, further compounding ongoing humanitarian crises. For example, during the recent conflicts in Gaza and Lebanon, numerous reports highlighted how the proximity of military operations to civilian sites led to devastating civilian losses.

According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), over 1,600 civilians, including 500 children, were killed in the 2021 Gaza-Israel conflict alone. Such statistics demonstrate that current protections are insufficient to prevent mass civilian casualties in modern warfare.

2. Combat Near Civilian Infrastructure:

The absence of specific legal guidelines that categorically forbid military activity near critical civilian infrastructure is a significant factor in the ongoing violence. While the Geneva Conventions prohibit attacks on civilians and civilian objects (Geneva Convention Protocol I, Article 48), they do not adequately address situations where military operations are conducted near civilian areas, particularly when civilians are used as human shields. This has been observed in recent conflicts where schools, hospitals, and densely populated neighborhoods have been targeted, resulting in rising death tolls and exacerbating global displacement crises.

3. Non-State Actors and Civilian Harm:

Many modern conflicts involve non-state actors who exploit these legal gray areas, embedding themselves within civilian populations and using civilians as shields, further complicating efforts to hold all parties accountable. These actors often escape accountability under existing legal frameworks due to the difficulty of applying traditional state-centric IHL to non-state actors. This has been observed in conflicts across the Middle East and Africa, where non-state actors, such as militant groups, have increasingly put civilian lives at risk by operating from within civilian areas.

OUR PETITION:

We urge the United Nations, member states, and international bodies to take immediate action to amend and strengthen international humanitarian law to:

1. Create No-Combat Zones Around Civilian Infrastructure:

Amend IHL to clearly define and enforce "no-combat zones" around schools, hospitals, and densely populated civilian areas, as specified in the Fourth Geneva Convention and its Additional Protocols. These zones must be off-limits to all military activity, and any violations should trigger automatic sanctions and international intervention by bodies such as the UN Security Council or the International Criminal Court (ICC).

2. Strengthen Prohibitions on Civilian Targeting:

Introduce stricter legal guidelines under IHL to prevent military operations near locations with large civilian populations (e.g., more than 500 civilians). Combatants who target or operate in these areas should face immediate sanctions or legal accountability for violating IHL. The enforcement mechanisms could include real-time monitoring by organizations such as the International Committee of the Red Cross (ICRC), automatic investigations by the UN Human Rights Council, and sanctions imposed through the United Nations Security Council.

3. Increase Accountability for Non-State Actors:

Develop mechanisms under IHL that hold non-state actors accountable, ensuring they are equally bound by the principles of proportionality, distinction, and necessity. The International Criminal Court (ICC) and the International Court of Justice (ICJ) should have expanded jurisdiction to prosecute non-state actors who engage in military operations that endanger civilians, with special focus on cases where civilians are used as shields.

4. Enhance International Monitoring and Sanctions:

Establish real-time monitoring systems in conflict zones that utilize technology such as satellite imagery and on-ground reporting to detect violations of IHL. Violations should automatically trigger investigations by relevant international bodies, such as the UN Office of the High Commissioner for Human Rights (OHCHR), and result in immediate sanctions, including arms embargoes or diplomatic measures. This would ensure greater accountability for all parties involved in the conflict.

5. Promote Diplomatic Solutions and Humanitarian Aid:

Encourage the UN to intensify its diplomatic efforts to mediate conflicts and ensure humanitarian aid reaches civilians in need. Strengthening humanitarian corridors, as outlined in UN Security Council Resolutions, should be prioritized to ensure the safe passage of civilians and aid workers. Protecting civilian lives must be at the forefront of all conflict resolution efforts.

CONCLUSION:

The ongoing conflicts in Gaza, Lebanon, and other war-torn regions highlight the urgent need for international humanitarian law to evolve. Civilian casualties should never be accepted as collateral damage. Strengthening IHL to create clearer prohibitions, stricter enforcement, and greater accountability is essential to prevent further loss of life and unnecessary suffering.

We call on the UN, its member states, and relevant international bodies to take immediate steps to close these gaps in IHL, protect civilians, and prevent further humanitarian disasters.

We, the undersigned, urge you to act now to save lives and ensure accountability in war.

Aderogba Otunla, Ph.D

Nigeria