Abstract

This study examines the adequacy and effectiveness of international humanitarian law (IHL) in protecting civilians during urban warfare, using the armed conflict in Sudan since 15 April 2023 as a case study. It assesses whether the existing international legal framework is capable of addressing the distinctive and evolving challenges associated with armed conflicts conducted in densely populated urban environments, particularly with regard to the protection of civilians and civilian objects. The study focuses on the relevant rules of IHL embodied in the four Geneva Conventions of 1949 and their Additional Protocols, customary international humanitarian law, and the fundamental principles governing the conduct of hostilities. It adopts a descriptive approach to establish the principal concepts and applicable legal rules, an analytical approach to examine their content and scope, and a deductive approach to draw general conclusions and formulate recommendations. The study finds that the four Geneva Conventions of 1949, their Additional Protocols, and the relevant rules of customary international humanitarian law continue to constitute the principal legal framework for the protection of civilians during armed conflict. Nevertheless, the distinctive characteristics of contemporary urban warfare have generated significant legal and practical challenges that were not fully anticipated in the development of several existing IHL rules. The increasing deployment of autonomous weapon systems incorporating artificial intelligence technologies further raises complex concerns regarding civilian protection, the distinction between civilian and military objects, proportionality, and the implementation of precautionary measures in attacks. The study therefore recommends the further development of the international legal framework governing urban warfare, including the adoption of more specific international rules regulating autonomous weapon systems based on artificial intelligence technologies. It also recommends restricting the use of explosive weapons with wide-area effects in densely populated areas and strengthening international accountability mechanisms for violations of IHL.

Keywords

Urban Warfare; Protection of Civilians; International Humanitarian Law; Geneva Conventions; Autonomous Weapon Systems; Artificial Intelligence.