THE EVOLVING APPLICATION OF INTERNATIONAL HUMANITARIAN LAW IN NON-INTERNATIONAL ARMED CONFLICTS: RETHINKING COMPLIANCE THROUGH SUDAN CONFLICT

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.