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Humanitarian law is distinguished from human rights law, because of their different histories and scopes of application. Nevertheless, they overlap in a number of ways, including the subject of protection. Whereas breaches of human rights in Africa often take the form of massive violations during times of armed conflict, as is recognised in the reference in the African Charter to "serious and massive violations of human rights", it remains important to take note of developments in respect of humanitarian law when human rights law in Africa is studied. In Volume II of this publication some of the peace treaties of Africa which refer to humanitarian law are reprinted. Constitutional provisions of the different countries in respect of the declaration of war are also included. While the laws of war are those rules of public international law applicable in a state of war or armed conflict, humanitarian law forms a sub-section of this larger body of law. Humanitarian law places restrictions on the way in which belligerents conduct war, in order to mitigate its effect on people. The development of humanitarian law has largely been driven by an NGO, the International Committee of the Red Cross (ICRC), although the United
Human Rights Law in Africa Online – Brill
Published: Jan 1, 2004
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