Papers by Dr. Kasim Balarabe
Journal of African Law
The Geneva Conventions have achieved universal ratification, and Additional Protocols I and II ar... more The Geneva Conventions have achieved universal ratification, and Additional Protocols I and II are binding on all African states except Eritrea and Somalia; however, their observance in African conflicts is flawed and inconsistent. From deliberate attacks on civilian populations to abduction and hostage-taking, humanitarian rules are openly flouted. Through an extensive assessment of the domestic measures required to implement the Geneva Conventions and Protocols in Africa, this article identifies the current level of implementation, existing gaps and possible non-legal factors that impact respect for the instruments in African conflicts. Violations are often associated with historical, political, religious and social factors that tainted the instruments’ lofty provisions and bequeathed a legacy that challenges the obligation to respect. Additionally, continuous political and religious struggles and the search for identity and relevance have displaced the ideals of the instruments’ ...
Sexuality & Culture, 2022
Despite its recognition as a human right under international law, sexual right is one of the most... more Despite its recognition as a human right under international law, sexual right is one of the most contested rights in patriarchal and complex societies where cultural and religious values interweave with the legal system. In Nigeria, some stakeholders opposed recognising the right due to its inconsistency with the dominant cultural and religious values. The steep opposition culminated in adopting the Same-sex Marriage (Prohibition) Act. Through structured interviews, literature and content review, this article investigates the legal status of sexual rights in Nigeria, sexuality education and probes some selected stakeholders' perceptions of the concept to ascertain whether the opposition was based on a complete understanding. The findings reveal the existence of laws both in support of and those against sexual rights realisation; the impact of cultural taboos on sexuality education; the limited perception of the sexual rights concept by the respondents in the study; and that not all components of sexual rights are inconsistent with the dominant cultural and religious beliefs and values.
The data contain responses from 780 respondents in a survey conducted in the seven States of Nort... more The data contain responses from 780 respondents in a survey conducted in the seven States of Northwest Nigeria on human rights awareness and the right to water and sanitation.
The International Journal of Human Rights
The approach to curbing the conflict between the Fulani pastoralists and farmers in Nigeria assum... more The approach to curbing the conflict between the Fulani pastoralists and farmers in Nigeria assumed a new dimension with the adoption of open grazing prohibition and establishment of ranches legisl...
Special Agreement under International Humanitarian Law is a modest contribution in the field of i... more Special Agreement under International Humanitarian Law is a modest contribution in the field of international humanitarian law. The book analyses the concept of Special Agreement contemplated in the Geneva Conventions of 12 August 1949. It provides analysis into the purposes, form, types, scope, nature, duration and implications of special agreements. Similarly, it discussed possible reasons why States and armed groups conclude or refuse to conclude special agreements; some of the fundamental issues in International Humanitarian Law contained in previous special agreements, how they have worked or failed to work and whether they have impacted on the behaviour of the parties as well as how the agreements have played a role in judicial decisions. Through varieties of agreements studied in both international and non-international armed conflict, it pointed out the concretisation of some International Humanitarian Law rules into customary international law especially in non-internationa...
People interested in the research are advised to contact the author for the final version of the ... more People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers. Link to publication General rights Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain • You may freely distribute the URL identifying the publication in the public portal. If the publication is distributed under the terms of Article 25fa of the Dutch Copyright Act, indicated by the "Taverne" license above, please follow below link for the End User Agreement:
This article examines the law and practice of belligerent occupation from its conception to its c... more This article examines the law and practice of belligerent occupation from its conception to its current practice including analysis of different types of belligerent occupation.
The Geneva Conventions and Additional Protocol I do not provide much guidance in determining the ... more The Geneva Conventions and Additional Protocol I do not provide much guidance in determining the end of belligerent occupation in international armed conflict situations and discussions within the academic circle provided little assistance in analysing the situation. In this article attempt has been made to analyse various mechanisms and instances which may or may not end belligerent occupation. While the matter is largely a question of fact, the write-up will assist academics and practitioners alike in clarifying the delicate nature of the concept of occupation.
The OAU, facing all liberation movements in Africa, got the idea of having a refugee treaty con... more The OAU, facing all liberation movements in Africa, got the idea of having a refugee treaty concerned with African concerns.
Appreciate the meaning, development, scope, impact and enforcement of IHRL, IHL and IRL Under... more Appreciate the meaning, development, scope, impact and enforcement of IHRL, IHL and IRL Understand the essential rules and principles of IHRL and IHL Reflect on the application of IHRL, IHL and IRL Discover the enforcement mechanisms of both IHRL and IHL Know some of the major international legal instrument on IHRL, IHL and IRL Become aware of the interface and differences between IHRL, IHL and IRL 2
Objectives Provide an overview on those who are considered vulnerable in conflicts situations;
Books by Dr. Kasim Balarabe
Special Agreements under International Humanitarian Law is a modest contribution in the field of ... more Special Agreements under International Humanitarian Law is a modest contribution in the field of International Humanitarian Law. The book analyses the concept of special agreement contemplated in the Geneva Conventions of 12 August 1949. It provides analysis into the purposes, types, forms, scope, nature, duration, and implications of special agreements. Similarly, it discussed possible reasons why States and armed group conclude or refuse to conclude special agreements; some of the fundamental issues in international humanitarian law contained in previous special agreements, how they have worked or failed to work and whether they have impacted on the behavior of the parties as well as how the agreements have played a role in judicial decisions. Through varieties of agreements studied in both international and non-international armed conflicts it pointed out the concretization of some international humanitarian law rules into customary international law especially in non-international armed conflicts.
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Papers by Dr. Kasim Balarabe
Books by Dr. Kasim Balarabe