Evaluating The Application Of International Humanitarian Law In Internal Armed Conflicts: Sierra Leone And Liberia As Case Studies

RESEARCH PROJECT TOPIC ON EVALUATING THE APPLICATION OF INTERNATIONAL HUMANITARIAN LAW IN INTERNAL ARMED CONFLICTS: SIERRA LEONE AND LIBERIA AS CASE STUDIES

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CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background of Study

Within the modern regime of international law a branch has evolved referred to as law of armed conflict popularly known as International Humanitarian Law (IHL). International Humanitarian Law is found in the Four Geneva Conventions of 1949. Out of the 195 independent sovereign states in the world, virtually all the states have agreed to be bound by them^{[1] [2]} . The Conventions have been developed and supplemented by two further agreements. Additional Protocols of 1977

(I) and (II) relating to the protection of victims of armed conflict². The States parties to the 1949 Geneva Conventions have entrusted International Committee of the Red Cross (ICRC) through the statutes of the International Red Cross and Red Crescent Movement, to work for the understanding and dissemination of knowledge of International Humanitarian Law, applicable in armed conflict and to prepare any development thereof.^[3] International Humanitarian Law distinguishes two types of armed conflict^[4] namely;

• International Armed Conflicts (IAC), meaning fighting or opposition between two or more sovereign states.

• Non-International armed conflicts (NIAC), meaning fighting or opposition between state and governmental forces and non-governmental armed groups.

Non-International armed conflict occur today much more frequently and entail more suffering than International Armed conflict. IHL of Non-International Armed Conflict is codified mainly in Article 3 Common to the Four Geneva Conventions for protection of war victims and the 1977 Additional Protocol II to the Geneva Conventions of August 12, 1949 and relating to the protection of victims of Non-International Armed Conflict. Others are the 1980 Convention on certain Conventional Weapons, as amended and its Protocols. The 1998 Rome Statute of the

International Criminal Court; the 1997 Ottawa Convention banning anti-personal land mines, the

1993 Chemical Weapons Conventions and the 1954 Hague Convention for the Protection of Cultural Property and its second Protocol.

International Humanitarian Law was applied to Sierra Leone Internal Armed Conflict that lasted for 11 years from 1991-2002.One particular inhuman practice was cutting off the ears, noses, hands, arms and legs of non-combatants who were unwilling to cooperate with the rebel group. The victims ranged from small children to elderly women, in some cases, one limb was cut off, in others two limbs, typically two hands or arms. Rebel forces also detained, decapitated, burned alive and inflict bullets and machete wounds on civilians. Many died from their wounds before they could obtain any form of treatment. The rebel forces abducted missionaries and aid workers, ambushed humanitarian relief conveys and raided refugee sites.^[5] The Junta forces known as the Revolutionary United Forces (RUF) led by Foday Sankoh continued the long standing practice of abducting villagers and using them as forced labourers, sex slaves and human shields during confrontations with government and Economic Community of West African States Monitoring Group (ECOMOG) forces.^[6] Boys were conscripted to become child soldiers and rebel forces used rape as a terror tactic against women.

[1] Out of 196 States in world,195 States have ratified the Geneva Conventions of 1949. Retrieved August 26, 2009 from http://www.nationsonline.org/one world/states.htm.

[2] States have ratified the Additional Protocols. Ibid

[3] International Committee of Red Cross (ICRC,2008), How is the term “Armed Conflict” defined in International Humanitarian Law? Opinion paper. p.1. Retrieved March23, 2009 from www.icrc.org/web/eng/siteeng/.nsf/htmail/a rmedconflictarticles.

[4] Ibid 

[5] Lloyd Axworty, P.C, David Pratt, M.P, Nepancarteton.(1999) ‘Sierra Leone: The Forgotten Crisis’Report to the Ministry of Foreign Affairs, Special Envoy to Sierra Leone. Retrieved April 2, 2009,from  www.special court for sierraleone.org

[6] Lloyd Axworty, P.C, David Pratt, M.P, Nepancarteton.(1999) ‘Sierra Leone: The ForgottenCrisis’Report to the Ministry of Foreign Affairs, Special Envoy to Sierra Leone. Retrieved April 2, 2009,from  www.special court for sierraleone.org

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