Connect with us

Global Issues

When Humanity Becomes Conditional: The Legal Crisis Triggered by Social Polarization -By Fransiscus Nanga Roka

A system that purports to protect civilians while leaving them to barter over their humanism, apart from failing to deliver on its promises, is simply swindling.

Published

on

Legal law gavel

The radical premise on which International Humanitarian Law (IHL) is based is that in the middle of war it must remain unconditional to humanity. Not even as targets. Protection does not depend on identity, ideology, or badges of allegiance. And that assumption is withering today not because the law has changed, but how the societies have.

We are entering an era when humanity itself is becoming politicized.

In today ’s conflict the world over, social polarization has ceased to be just background noise. It predetermines where and what sort of violence you may encounter. Communities are no longer just divided, they are morally segregated. Opponents are not looked at as adversaries, and much less as opponents: they are existential threats. In such an environmen t, the legal boundary between combatant and civilian starts to blur not as a doctrinal matter but as first of perception. And law follows suit when perception goes wrong.

IHL depends on an agreement over very little. There has been that consensus shattered.

In today’s polarized societies, civilians associated correctly or incorrectly with the”other side” are increasingly seen as legitimate targets. Hospitals which treat the enemy are no longer neutral.Journalists who contravene dominant narratives in their reporting no longer have protection.Whole populations come into the doghouse. And pro tection beco mes conditional.

Advertisement

This is a change of the very moral foundation of humanitarian law itself, rather than just an infringement on it.

The principle of distinction, possibly the cornerstone of IHL presumes that the parties will discern between a combatant and a non combatant. But polarisation substitutes identity based judgments for legal categories. Ethnicity, religion, political affiliation these become stand ins for guilt. In such a context, the law doesn’t just go wrong by accident. It’s as if the law itself were being viewed through a polarized lens.

The result is a silent but brutal shift: many of the protection has gone instead to selective humanity.Is the decline of neutrality equally frightening? And when humanitarian aid workers, medical personnel or international observers rely on the image of impartial, they are neutral in a conflict-ridden situation suspect what? To give any help is to be accused of taking sides. To remain neutral is to be seen as an accomplice. The fewer the possibilities for humanitarian action open up instead of closing because the legal bars stand enforcers are there is over anger inhibiting every move. Law cannot function where trust has broken down.The international response, however, remains fundamentally inadequate. Legal frameworks continue to assume rational actors and shared norms even as those disintegrate. Accountability mechanisms focus on finding individual perpetrators; the structural conditions that make such breaches inevitable are ignored. We are trying to enforce 20th century legal norms in a 21st century world of atomized societies.This is a category mistake and a costly one. If humanitarian law is to endure as more than a living tradition, it must grapple with a reality where polarization isn’t simply a political problem; it is as much legal challenge. The law cannot remain blind to social conditions that determine whether it works or not. It has to change so as in future not only acts of violence are punishable but also their driver narratives.This means recognizing incitement, alienation and identity based neglect as forerunners of legal erosion; they are not tangential matters. It means building up protection for humanitarian workers in a social setting that is hostile. It means to design accountability mechanisms that can cope with group dynamics so departing from a focus only upon individual responsibility. Above all it needs to restress both legally and morally that humanity is not a matter of ifs and buts. By that I mean: once your personal characteristics determine what benefits of protection you may get from the law, the law itself has then become irrelevant.

If Law becomes a dead letter, then the violence itself, equally if its forces still have an identity, needs no further justification.

。 It only needs a label.

Advertisement

A system that purports to protect civilians while leaving them to barter over their humanism, apart from failing to deliver on its promises, is simply swindling.

Half human serves as a euphemism for not human at all. If humanity is conditional, etiquette for international human rights is only slowly degrading. But in fact it no longer exists.

Fransiscus Nanga Roka

Faculty of Law University 17 August 1945 Surabaya Indonesia

Advertisement
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Trending Contents

Topical Issues

Professor Irina Abramova at the Conference, March 18, 2026. Professor Irina Abramova at the Conference, March 18, 2026.
Global Issues6 hours ago

Russian Researchers Roadmap Africa’s Investment Sectors for Entrepreneurs -By Kestér Kenn Klomegâh

In this regard, a number of reports justify the need to transition from external financial models formed by international organizations...

ADC-APC ADC-APC
Breaking News13 hours ago

ADC Convention Crisis Deepens as Abuja Venue Pulls Out Amid Pressure Claims

ADC says its convention venue was cancelled in Abuja amid claims of pressure from FCTA officials. Party insists event will...

Chisom Juanita Mefor Chisom Juanita Mefor
Forgotten Dairies13 hours ago

Why Some Cancer Trials Succeed — And Others Don’t -By Dr. Nonso Nwosu, Dr. Amin Yakubu, Dr. Enomfon-Nicole Ebose & Chisom Juanita Mefor

For Africa, the opportunity is not simply to participate in global research but to build the infrastructure that defines it....

Breaking News14 hours ago

Iyabo Obasanjo Drops Ogun Governorship Ambition as APC Picks Adeola as Consensus Candidate

APC picks Solomon Adeola as consensus candidate for Ogun 2027 governorship as Iyabo Obasanjo steps down and backs him.

Eric-Swalwell Eric-Swalwell
Breaking News14 hours ago

Eric Swalwell Steps Down From Congress After Sexual Misconduct Allegations Surface

Eric Swalwell steps down from Congress amid sexual misconduct allegations involving multiple women. He denies wrongdoing.

Aliko Dangote Aliko Dangote
Breaking News14 hours ago

Nigeria Turns Net Petrol Exporter as Dangote Refinery Reshapes Energy Market

Dangote Refinery pushes Nigeria into net fuel exporter status. See how rising output is reshaping the oil market and economy.

Osun-Decides Osun-Decides
Forgotten Dairies21 hours ago

Osun PDP/Accord And The Structural Stress -By Tolulope Adefisayo

If the current trend continues, the August 15 election may not just be a contest; it may be the final...

ISAAC ASABOR ISAAC ASABOR
Forgotten Dairies21 hours ago

Why Adversarial Journalists Are Not Enemies Of Politicians -By Isaac Asabor

For politicians, this requires a shift in perspective. Instead of viewing adversarial journalists as opponents to be silenced or avoided,...

Netanyahu Netanyahu
Breaking News22 hours ago

Netanyahu Links Iran Conflict to Holocaust Memory, Says Regime “Weaker Than Ever”

Netanyahu says Israel and the US dealt Iran its “heaviest blow” amid ongoing tensions during Holocaust remembrance events.

ADC Coalition ADC Coalition
Breaking News22 hours ago

ADC Announces New Venue for Convention After Eagle Square Dispute

African Democratic Congress names Rainbow Event Center as new venue for national convention amid earlier venue controversy.