EVALUATING THE APPLICATION OF INTERNATIONAL HUMANITARIAN LAW IN INTERNAL ARMED CONFLICTS: SIERRA LEONE AND LIBERIA AS CASE STUDIES
EVALUATING THE APPLICATION OF INTERNATIONAL HUMANITARIAN LAW IN INTERNAL ARMED CONFLICTS: SIERRA LEONE AND LIBERIA AS CASE STUDIES
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Date
2014-07
Authors
IBRAHIM, Samirah Jibril
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Abstract
International Humanitarian Law is applicable to Internal Armed conflict situations as provided
by Article 3 Common to the Four Geneva Conventions 1949 and their Additional Protocol II of
1977.Provisions of these two Legal Regimes apply during extreme violence. Determining
whether a particular situation is an Internal Armed Conflict is a question one should put in mind.
Again even if a situation is determined to be an Internal Armed Conflict how do parties in an
extreme violence implement and comply with these rules seem to be very difficult. In most
situations, states deny a situation in their territory to be an armed conflict. They prefer to address
the situation to be Internal Tensions and Disturbances which are not recognized by International
Humanitarian Law. The research work aims at emphasizing on the compliance of International
Humanitarian Law during extreme violence. The research work aims at enlightening the readers
that International Humanitarian Law is Applicable to internal armed conflict that is within the
confines of a single state. The objective of this research work is to show that states like Liberia
and Sierra Leone and any other state facing the same armed conflict can begin to end the culture
of impunity and bring in a sustainable peace by compliance with the rules of International
Humanitarian Law. The working method chosen is more of a doctrinal approach which is
qualitative in order to reach an understanding of the current position of Internal Armed Conflict
and rules applicable to their violent activities. The primary source of materials for this research
works are the Treaty Laws, textbooks, law reports and journals on international humanitarian
law. The research work observed that the Armed Conflicts of Sierra Leone and Liberia have all
the prerequisite conditions postulated by Common Articles 3 and Additional Protocol II to be
applicable. The research work made some recommendations such Dialogue and Negotiation
Common Article 3 and Additional Protocol II has laid down the minimum standard of rules that
determines a conflict to be an internal armed conflict. That is whether the state is part of the
conflict or not should engage into dialogue or negotiations with opposition armed groups than
refuse to listen to the yearnings of the opposition groups. Again the research work recommended
Ceasefire Agreement in situations where the parties in the armed conflict are unable to
implement and comply with the rules of IHL. That is there should be ceasefire from both parties
as first attempt. In a ceasefire arrangement, parties to the conflict primary aim are to suspend
hostilities. This helps parties to be committed to implement specific IHL obligations and avoid
violating IHL. And even if hostilities resumes, it will help to remind the parties their obligations
under IHL. The research work recommended the Domestication Internal Armed Conflict Rules
that is states that are parties to Geneva Conventions and Additional Protocols domesticate in
their laws the rules of Common Article 3 and its Additional Protocol II and to observe their
implementation. This ties the states to international obligations. This will avoid states from
denying that Internal Armed Conflict exists in their territory.
Description
A THESIS SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES, AHMADU
BELLO UNIVERSITY, ZARIA
IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE AWARD OF A MASTER
DEGREE IN LAWS (LL.M)
DEPARTMENT OF PUBLIC LAW,
FACULTY OF LAW
AHMADU BELLO UNIVERSITY, ZARIA
JULY, 2014
Keywords
EVALUATING,, APPLICATION,, INTERNATIONAL,, HUMANITARIAN,, LAW,, INTERNAL,, ARMED,, CONFLICTS:, SIERRA LEONE,, LIBERIA,, CASE STUDIES.