Guerrilla war pare in liberation struggle legal aspects

Traditional international law recognized title to territory by conquest. Hence title to almost all those territories which were colonized and those still under colonialism was obtained in this fashion. Modern international law, on the other hand, recognized the right of self-determination of peoples. This principle is enshrined in the chapter of the United Nations organization and that of the organizational of African Unity. The UN has reiterated this right in the declaration for the granting of Independence to colonial countries and people. However some peoples are still denied this inherent right. These turn to violence as a last resort. Hence we have liberation struggle. Invariably these struggles take the form of guerrilla warfare. A number of UN resolutions have been passed give legitimacy to these struggles and accord captured guerrilla’s treatment under international humanitarian law. This law protects the victims of armed conflict. However the guerrillas treat their adversaries, in almost all cases, very amicably and in accordance with the law. The law is unfortunately based on the dichotomy of international and non-international conflicts. Full protection is afforded to the victims of the former while those of the latter are given minimum protection. Heretofore liberation wars have been held to be non-international conflicts. Various efforts have been made to extend the full application of the international humanitarian law to the guerrillas. Involved in this Endeavour have been a number of scholars, the UN and the international committee of the Red Cross (ICRC). The ICRC has finally concluded two protocols additional to the Geneva conventions of 1949 in June, 1977. (At that time dissertation.) Efforts in this dissertation are directed towards granting better treatment to captured guerrilla fighters. For even the protocols fall short.