The nexus of international humanitarian law and international human rights law application and enforcement in a non-international armed conflict: A study of the Mozambican armed conflict

Mapako, Kudakwashe

The nexus of international humanitarian law and international human rights law application and enforcement in a non-international armed conflict: A study of the Mozambican armed conflict

Thesis / Dissertation

2025

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

Mozambique has experienced armed violence since its independence from the Portuguese. There has been a persistent security crisis perpetuated by different ideologies from Frelimo and Renamo, and, more recently, the inception of the Islamist armed group Al-Shabaab. As a result of armed clashes civilians have been succumbing to all forms of human rights violations including but not limited to maiming, torture, abduction, killings, all forms of sexual assault, and denial to access humanitarian assistance. The intensity and organization of these armed groups have given room for the application of International Humanitarian Law and International Human Rights Law in Mozambique's armed conflict. The paper relies on a qualitative methodology to investigate the complementarity of International Humanitarian Law and International Human Rights Law in the Mozambican armed conflict. The study seeks to assess the extent of International Humanitarian Law and International Human Rights' application and enforcement in ensuring comprehensive protection of civilians in Mozambique. The author concludes that there is a nexus between International Humanitarian Law and International Human Rights Law in Mozambique's armed conflict, and that the complementary relationship has not ensured comprehensive protection of civilians.