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Evaluating the application of international humanitarian law in internal armed conflicts: sierra leone and liberia as case studies

 

Table Of Contents


Project Abstract

Abstract
This research project aims to evaluate the application of international humanitarian law (IHL) in internal armed conflicts, using Sierra Leone and Liberia as case studies. The study focuses on the effectiveness of IHL in regulating the conduct of parties involved in these conflicts and protecting the rights of individuals affected by the violence. By examining the implementation of IHL principles in these two countries, the research seeks to identify challenges and gaps in the application of international legal frameworks in conflicts characterized by non-state armed groups and complex dynamics. The research methodology includes a comprehensive review of relevant literature on IHL, internal armed conflicts, and the experiences of Sierra Leone and Liberia. Additionally, primary data will be collected through interviews with key stakeholders, including government officials, humanitarian organizations, and legal experts in both countries. The analysis will be guided by a comparative approach, examining similarities and differences in the application of IHL in Sierra Leone and Liberia. The study hypothesizes that the application of IHL in internal armed conflicts is often hindered by factors such as the presence of multiple armed groups, weak state institutions, and limited resources for legal enforcement. Additionally, the research will explore the role of international actors, such as the United Nations and international NGOs, in promoting compliance with IHL and supporting the protection of civilians in these conflicts. The findings of this research will contribute to a better understanding of the challenges and opportunities in implementing IHL in internal armed conflicts, particularly in contexts where state authority is contested and non-state armed groups play a significant role in perpetuating violence. The study aims to provide recommendations for strengthening the application of IHL in Sierra Leone, Liberia, and similar conflict settings, with a focus on enhancing mechanisms for monitoring, reporting, and accountability for violations of international law. Overall, this research project seeks to shed light on the complexities of applying IHL in internal armed conflicts and offer insights into ways to improve the protection of civilians and uphold humanitarian principles in these challenging contexts.

Project Overview

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 conflict. 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.


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