AN ASSESSMENT OF TANZANIA LAWS ON NON-INTERNATIONAL ARMED CONFLICT

Abstract

Traditionally, non-international armed conflicts are perceived to be illegitimate practices that ought to be dealt with internally by the sovereign governments. The practice has caused absence of international humanitarian law (IHL) provisions in domestic legislation of many states. In that regard, this paper assesses the laws of Tanzania in managing legal issues during non-international armed conflict. The assessment discloses that applying laws of Tanzania during non-international armed conflict is likely to prove failure because they provide for matters of general concern (Lex Generalis). On the other hand, it is hard to substantiate whether the courts of Tanzania are able to apply the existing laws without discrimination in the eyes of the Sovereign. Studies have revealed that following the end of a non-international armed conflict States are encouraged to grant the broadest possible amnesty to persons who have participated in the armed conflict. However, in the absence of IHL provisions, there is a possibility for impunity enjoyment against punishment for serious human rights violations on the part of the members of the armed forces. Therefore, it is time for Tanzania to rethink on the existing statutory lacunae and select a more effective and principled basis for IHL applicability.