The principle of distinction in international humanitarian law and South Africa

Academic Paper from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: 2.0, , language: English, abstract: This paper seeks to provide an outline of the principle of distinction as understood in the context of international humanitarian law. It looks at the applicability of the rule of distinction to international armed conflicts as well as non-international armed conflicts. It will demonstrate that the genesis of the principle of distinction can be traced to the rules of customary international law. It will also highlight the fact that South Africa is a party to the relevant international Conventions and declarations related to the principle of distinction. South Africa is a party to 1949 Geneva Conventions and their Additional Protocols. South Africa ratified the 1949 Geneva Conventions on 31 March 1952, and their 1977 Additional Protocols on 21 November 1995. South Africa has adopted the Implementation of the Geneva Conventions Act, Act 8 of 2012.

Dr. Milton Owuor, holds a doctorate in International criminal law. He is Member of International Law Association. He is the Founder Director of ICRJustice Center; Chair of the Expert Professorial Discourse Panel (ICRJustice Center at https://www.icrjustice.org/index.php/about-us/). He also lecturers in international law, international human rights law and constitutional law He was 'called to the Bar' to practice as an Advocate in 1995. He won the prestigious HHM Merit Prize for being the Best Law Student -academic year 1989/90. He has published widely within the realm of legal academia. His doctoral research entitled 'The International Criminal Court and Positive Complementarity: Legal and institutional framework' makes far reaching recommendations for the restructuring and reform of the secretariat of the Assembly of States Parties of the International Criminal Court.