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The Evolving Application Of International Humanitarian Law In Non-International Armed Conflicts: Rethinking Compliance Through Sudan Conflict




Adut Malek Arok, BALLB (Hons), Vels Institute of Science, Technology & Advanced Studies, VISTAS, Pallavaram, Chennai

K. Keerthana, Assistant Professor, School of Law, Vels Institute of Science, Technology & Advanced Studies, VISTAS, Pallavaram, Chennai


ABSTRACT


The increasing prevalence of non-international armed conflicts (NIACs) in contemporary warfare has fundamentally reshaped the landscape of international humanitarian law (IHL). While the legal regime and framework governing such conflicts has expanded significantly through treaty law, customary norms, and international jurisprudence, questions remain regarding its effectiveness in practice. This article argues that the challenge is no longer the absence of legal rules, but rather the persistent gap between normative development and real-world compliance. Using the on-going Sudan conflict as a case study, the article examines how core IHL principles, particularly distinction, proportionality, and humanitarian access are applied in contemporary conflict settings. It contends that while IHL has successfully adapted to the realities of internal conflicts at a doctrinal level, enforcement and compliance mechanisms remain structurally weak. The Sudan conflict thus reflects not a failure of law, but a failure of implementation.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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