25 M Mubiala International humanitarian law in the African context in MK Juma and A Suhrke (eds) Eroding Local Capacity: International Humanitarian Action in Africa (2002, Nordiska Afrikainstitutet) 37. The Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts was adopted on 8 June 1977. 104 The Domestic Implementation, above at note 24 at 29. in documents from the international criminal courts and the UN (PDF). Volume 75, Number 5/6, August 2007 p.1165, Commentary on the ProLaw Journal / Law Reviewol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (ProLaw Journal / Law Reviewol III) The 10 articles of the original 1864 . 30 M Mendez The Legal Effects of EU Agreements (2013, Oxford University Press) at 2. 4. 97 Those with applicable laws are: Algeria (Family Code 1984; Law No 15-12 on Child Protection 2015); Botswana (Botswana Defence Force Act No 13 of 1977); Burkina Faso (Law on the Protection of the Child 2014); CAR (Law on the Organization of Juvenile Courts 2002); Chad (Presidential Ordinance No 001/PR/2014 on Child Soldiers); Cte d'Ivoire (Decree Determining the List of Hazardous Work Prohibited for Children under Eighteen 2005); DRC (Law on the Protection of the Child 2009); Guinea (Children's Code of Guinea L/2008/011/AN Act of 19 August 2008); Kenya (Children Act 2001); Mali (Order No 02-062/P-RM on the Code for the Protection of the Child 2002); Niger (Law No 2018-74 of 10 December 2018 on the Protection and Assistance of Internally Displaced Persons); Nigeria (Child's Right Act 2003); Rwanda (Law relating to Rights and Protection of the Child against Violence 2001; Constitution of the Republic of Rwanda 2003; Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes 2003); Sierra Leone (The Constitution of Sierra Leone 1991; Child Rights Act 2007); South Africa (Defence Act 2002); Tunisia (Code of Child Protection; Law on Military Service 2004); and Uganda (Constitution of the Republic of Uganda 1995; The Uganda Peoples Defence Forces Act 2005; Births and Deaths Registration Act 1973; and The Children Act 1997). 76 The Law Relating to the Use and to the Protection of the Red Cross and Red Crescent Emblem 2005. This section assesses six preventive measures. 115 See the Peace Agreement between the Government of Sierra Leone and the Revolutionary United Front of Sierra Leone 1999, art IX. What happens if you break the Geneva Convention? 137 These are Egypt, Ethiopia and Liberia. It defines certain international laws that strive to provide better protection for victims of internal armed conflicts that take place within the borders of a single country. Legal experts seek to avoid discussing the vexed colonial impact on African mindsets due to the historical, political and social implications. 06 Structure and procedure of the military commission to try Guantanamo detainee violates Geneva Conventions / Hamdan v. Rumsfeld State parties (169) - State signatories (3) 152 Examples are Paul Kagame of Rwanda with 98.8% in 2017; Abdel Fattah al-Sisi of Egypt with 97.1% in 2018; Teodoro Obiang Nguema Mbasogo of Equatorial Guinea with 93.7% in 2016; Ismal Omar Guelleh of Djibouti with 87% in 2016; Idriss Deby of Chad with 76.1% in 2016; and Paul Biya of Cameroon with 71.3% in 2018. International Humanitarian Law and Terrorism Kardoman Tumangger. Persons other than those mentioned in the preceding sentence who are descending by parachute from disabled aircraft may not be fired upon. 98 See GC III, arts 12224; and GC IV, arts 13641. Colin Smith Each measure is essential in the overall implementation process; although their nature and timing vary, problems or challenges can impact other measures. 180 See Veuthey Implementing international humanitarian law, above at note 175. IHL is to be included in the military's practical training, rules of engagement, military manuals and training instructions, as well as university teaching. 141 VF Wodie Africa and humanitarian law (1986) 26/254 International Review of the Red Cross 249 at 250. Volume 89, Number 865, March 2007 p.175-208, Whos Afraid of the Geneva Conventions? Africa resisted the internationalization of internal conflicts,Footnote 145 mainly on account of factors beyond the traditional importance of the rules. Research for this article utilized the National Implementation Database of the International Committee of the Red Cross (ICRC), which compiled the instruments adopted to implement IHL. After the Galwan (India-China) clash in Ladakh in June 2020, the International Committee for the Red Cross (ICRC) urged both the Indian and Chinese governments that they observe the Geneva Conventions to which both countries are signatories. In addition, even where criminal repression provisions exist, there have been few prosecutions. Compounding the problem further, the adoption of amnesty programmes by some states (such as Uganda,Footnote 114 Sierra LeoneFootnote 115 and South Sudan)Footnote 116 and lighter sentences for heinous crimesFootnote 117 defeat the idea of accountability and impunity prevention.Footnote 118 The adoption of specific national legislation needs to be accompanied by effective sanctions.Footnote 119 It is a misconception that amnesties will bring peace, because peace is more likely to be elusive where injustices exist. 130 See M Sassli International Humanitarian Law: Rules, Solutions to Problems Arising in Warfare and Controversies (2019, Edward Elgar) at 7475. Volume 30, Number 3, February 2007 p.509, Ghost Detainees: Does the Isolation and Interrogation of Detainees Violate Common Article 3 of the Geneva Conventions? Of the 54 states in Africa, 45 have legislation for repressing IHL violations either as standalone laws or as part of existing criminal, penal or military codes. Reversing this trend requires an approach that appeals to and engages the continent beyond the traditional argument of obligation to respect. 69 The Decree on the Use of the Emblem 1981. Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international conflicts, where "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts. Michigan Law Review There is some discussion whether this means that such conflicts are a form of international . However, some states have succeeded in resisting such attempts from their leaders, such as Zambia, Nigeria, Niger and Burkina Faso. These systems have impacted the laws applicable to armed conflict situations on the continent. "displayNetworkTab": true, The Geneva Convention is a standard by which prisoners and civilians should be treated during a time of war. Samuel Estreicher and Paul B. Stephan This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2. 19 Such as to provide for penal sanctions (GC I, art 49; GC II, art 50; GC III, art 129; GC IV, art 146; and AP I, arts 11 and 8590) and the use, abuse and misuse of the Emblem (GC I, arts 44 and 5354; GC II, arts 4445; AP I, arts 18, 3738, 66, 85 and annex 1; and AP II, art 12), provisions relating to fundamental guarantees (GC I, art 3; GC II, arts 3 and 12; GC III, arts 3 and 1317; GC IV, arts 3 and 2734; AP I, arts 11 and 7577; and AP II, arts 45 and 7), provisions for judicial and disciplinary guarantees, rights of prisoners of war and detainees (GC I, art 3; GC II, art 3; GC III, arts 3, 5, 17, 8290, 95108 and 129; GC IV, arts 5, 3135, 43, 6478, 99100 and 117126; AP I, arts 4445 and 75; and AP II, art 6). 32 These are Botswana, Gambia, Ghana, Kenya, Liberia, Malawi, Namibia, Nigeria, Sierra Leone, Somalia, South Sudan, Sudan, Tanzania, Uganda, Zambia and Zimbabwe. Sustained and concerted efforts by researchers can help investigate humanitarian religious and cultural rules and values, identify gaps in states domestic implementation of the Conventions and facilitate invoking states international responsibility. 5 Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts of 1977 (AP I); and Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of Non- International Armed Conflicts of 1977 (AP II). The author also examined the ICRC's English summary of instruments in languages other than English and international organizations reports concerning particular subject matter. Africa demonstrated its position at the International Conference on the Reaffirmation and Development of IHL Applicable in Armed Conflicts. The Geneva Conventions (and their Additional Protocols) are international treaties that contain the most important rules limiting the barbarity of war. Undoubtedly, treaty ratification is crucial, as it establishes the legal obligation to respect the treaty; however, it is not as simple as mere ratification, as the African experience has demonstrated. } 166 Many civil society organizations and NGOs suffer from a lack of human and material capacity, including funding, to function effectively. Non-legal factors can facilitate respect, or neglect, for IHL.Footnote 130. Strategies can take the form of a media campaign, lobbying, provision of training and continuing education to judges and legal practitioners, and mobilizing entertainment talentsFootnote 181 for content creation. The ICRC has, in the past, translated article 3, which is common to the Conventions (Common Article 3), into nine African languages and provided a summary of the Conventions in Lingala, Swahili, Tshiluba and Kikongo.Footnote 44 The Conventions have also been translated into local languages in Burundi and Somalia,Footnote 45 as well as Amharic in Ethiopia.Footnote 46 However, there appears to be no other translation into dominant local languages in Africa. Through the African Union Commission on International Law in conjunction with the ICRC, the African Union can facilitate effective dissemination and training of IHL dedicated to studying contemporary issues of concern to IHL on the continent. Sputnik/Aleksey Nikolskyi/Kremlin via REUTERS. Feature Flags: { 70 The Act on the Use and Protection of the Name and Emblem of the Red Cross and Red Crescent 2009. 4. Dissemination of IHL rules does not appear to be a problem in Africa. The Russian president believes that the powers of the commission may be abused in the current conditions. Equally numerous violations have been committed by Nigerian armed forces, but the government's concern there is often on Boko Haram and other related terror groups. Pages Sitemap. The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting against colonial domination and alien occupation and against Many non-international armed conflicts in Africa have religious dimensions. (Protocol I)2 and which take place in the territory of a High To generate respect for IHL rules, a different approach is necessary, which takes into consideration the groups characteristics and the conflicts. Still, this unified position showed how historical perspectives could influence the future course of events and how non-legal factors can influence the observance of legal rules. 119 Dormann and Geib The implementation of grave breaches, above at note 106 at 708. This is the situation in CAR, Congo, Nigeria and Uganda. 125 Geneva Conventions of 12 August 1949, Common Art 1; and AP I, art 1. Today, the 1949 Geneva Conventions have been ratified by all States and thus are among the most universally accepted instruments of international law a real success story of multilateralism! 148 See Mubiala Addressing colonial wrongdoing, above at note 142. States are yet to jettison this power,Footnote 31 except where a contrary obligation exists that requires a state to perform an obligation in a particular way. These actors play critical roles in IHL implementation and transitional justiceFootnote 163 and operate as crucial partners to states,Footnote 164 the African Union and the ICC.Footnote 165 With their power of scrutiny and utilization of available legal norms, these actors have and continue to influence the implementation of IHL. The failure or refusal to domesticate a ratified treaty is incompatible with the principle of good faith. 3 their universal ratification imposes an obligation to respect and to ensure that others comply with the rules in armed conflicts. This article argues that the failure to adopt some critical measures might have influenced IHL violations in Africa, and this problem is also connected to the historical, sociological and economic factors typical on the African continent. Nevertheless, the organization has acknowledged that the need to take new initiatives to reach out to all actors can hamper its operations.Footnote 173 In this context, the ICRC should seek to identify additional mechanisms to engage all actors in national implementation efforts. While most African states have one of these official languages, many of the population speak only local languages. Curtis A. Bradley Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare. Hostname: page-component-6f888f4d6d-fgvhm 170 Through the ICRC Advisory Service on International Humanitarian Law. Geneva Convention Additional Protocol II Justin Ordoyo. Additionally, continuous political and religious struggles and the search for identity and relevance have displaced the ideals of the instruments humanitarian provisions. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-international Armed Conflicts (APII) One hundred sixty-eight States are party to Additional Protocol II. VI. 71 Dahir No 1-58-256 of 15 Rebia II 1378 (29 October 1958) on the Use of the Emblem of the Red Crescent. 57 States with this approach include: Uganda (The Chief of Defence Forces Directive: Dissemination of the Law of Armed Conflict, Uganda People's Defence Forces, Chief of Defence Forces 2006); DRC (The Annual Directive issued by the minister of defence introduced annual IHL training sessions within the armed forces in all military units); Burundi (IHL is part of forces training); Cameroon (IHL is incorporated into military training by the Directive on Training on International Humanitarian Law and the Law of War); Malawi (IHL training is part of military training, and training is conducted at the Defence Forces College: Law of War Manual (Department of Defence)); Mali (Directive No 653/CEMGA/S-CEM/OPS/D.OMP-DIH of 24 August 2010 introduced compulsory IHL military training at all levels); Ethiopia (IHL is part of the training curriculum within the Ethiopian National Defence Forces and IHL is also taught at the Police University College and regional training centres); and Ghana (IHL courses are part of the training curriculum within the defence forces and personnel undergo routine training). 3.700 Resource Documents References Article 1(4) of Additional Protocol I to the 1949 Geneva Conventions extends the scope of application of the Geneva Conventions to include armed conflicts in which people are fighting against colonial domination, alien occupation or racist regimes in the exercise of their right of self-determination. Protocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of non-international armed conflicts. 122 These states are Botswana, Burkina Faso, Chad, Congo, Kenya, Libya, Madagascar, Nigeria, Rwanda, Senegal, South Africa, Tunisia, Uganda and Zimbabwe. First Geneva Convention The Convention protects soldiers who are hors de combat (out of the battle). Some western states have even made the provision of international assistance to poor states conditional on the ratification of humanitarian and human rights treaties.Footnote 8 The legal systems in Africa consisted of civil law, common law, religious law and customary laws. Wodie noted some of the problems that impacted the functioning of IHL in Africa: Generalization of the one-party system, growth of personal political power, and fake elections closed the way to democratic alternatives and favoured coups dtat and civil wars in Africa. At the inter-state and academic levels, the African continent does not have a strong history of engagement with IHL.Footnote 154 This has a connection with the capacity of the relevant actors that influence the global debate on IHL.Footnote 155 While the number of IHL scholars on the continent continues to increase, IHL debate on the continent in respect of human rights remains low.Footnote 156 The non-engagement today is not necessarily caused by exclusion; it is because those who are to draw and engage the international community's attention on IHL issues of concern to Africa have limited capacity.Footnote 157 There is a symbiotic relationship between knowledge and activism, and knowledge and the capability to influence action. In both traditions, however, some non-self-executing provisions would need enabling legislation.Footnote 28 Both these legal traditions exist in Africa.Footnote 29 Enabling legislation empowers domestic actors and may suggest the existence of political will to implement the treaties. It is clear therefore that progress has been made in adopting domestic measures, although gaps still exist in critical areas. Government discussions of IHL are often limited to violations by armed opposition groups.Footnote 159 In situations where the political will to promote IHL compliance exists, socio-economic conditions operate to undermine that will, as the processes can be hampered by budgetary constraints and sometimes a weak legal system that cannot prosecute violations effectively. The Conventions and Protocols require the parties to communicate their official translations to each another through the Swiss Federal Council.Footnote 42 Translations are, however, limited to states official languages.Footnote 43. The Geneva Conventions of 1949 also laid out rules for protecting wounded, sick or shipwrecked armed forces at sea or on hospital ships as well as medical workers and civilians accompanying or treating military personnel. 8 See, for example, the US Foreign Assistance Act 1961. Has data issue: true 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. 11 Fleck, D Implementing international humanitarian law: Problems and priorities (1991) 31/281 International Review of the Red Cross 142CrossRefGoogle Scholar. However, gaps still exist in states that do have provisions on criminal repression; the measures are not entirely uniform and are even inconsistent with states obligations under the Conventions. Public opinion is influential in implementing human values.Footnote 180 They can also contribute by putting pressure on states to ensure domestic implementation and promoting compliance by armed groups. Music Goes to War (1997, Jonathan Ball). 23 See Chan Implementation of international humanitarian, above at note 13. 60 Examples include Algeria, Benin, Burkina Faso, Burundi, Cape Verde, Chad, Comoros, Cte d'Ivoire, Egypt, Kenya, Liberia, Libya, Madagascar, Malawi, Morocco, Senegal, Sudan, Togo, Tunisia and Uganda. 3 See Partial award, prisoners of war, Ethiopia's claim 4, between the Federal Democratic Republic of Ethiopia and the state of Eritrea (1 July 2003, Eritrea-Ethiopia Claims Commission) The Permanent Court of Arbitration, The Hague, paras 3132. It resisted the complete regulation of non-international armed conflicts and refused to accord any status to groups fighting established governmental authorities.Footnote 144 African states were not alone in the rejection of the ICRC's Protocol II proposal. See also M Sassli, AA Bouvier and A Quintin How Does Law Protect in War? They strengthen the protection of victims of international (Protocol I) and non-international (Protocol II) armed conflicts and place limits on the way wars are fought. 175 According to Veuthey, this provision allows for creativity and flexibility: M Veuthey Implementing international humanitarian law: Old and new ways in BG Ramcharam (ed) Human Rights Protection in the Field (2005, Martinus Nijhoff) 87. It was signed on 12 December 1977. Common Article 3 merely restates basic protections for persons hors de combat, and is of little direct relevance to environmental protection, while Protocol II does not provide detailed limitations . Regarding translation, estimates suggest that Africa has around 1,0002,000 languages, in four large families.Footnote 37 Most of these languages are oral,Footnote 38 but a large number are in written form. 123 See GC I, arts 5354; GC II, arts 4445; AP I, annex 1, arts 18, 3738, 66 and 85; and AP II, art 12. 182 See Slim, H A response to Peter Uvin: Making moral low ground: Rights as the struggle for justice and the abolition of development (2002) 17 PRAXIS: The Fletcher Journal of Development Studies 1Google Scholar. Resources must be devoted to further research into African culture on armed conflicts and the treatment of enemies and their connection with the existing IHL rules. They protect people not taking part in hostilities and those who are no longer doing so. Download scientific diagram | Geneva Conventions and Additional Protocols from publication: International humanitarian law and its significance for current and future military operations | This .
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