Improving compliance with international humanitarian law by non-state armed groups in the Great Lakes Region of Africa

Abstract

Currently, one of the most dramatic threats to human security is constituted by internal armed conflicts. In 1998, violent conflicts took place in at least 25 countries. Of these armed conflicts, 23 were internal, engaging one or more non-State armed groups (herein after called NSAGs). A crucial feature of internal conflicts is the widespread violation of humanitarian law and human rights by armed groups, from rebel groups to private militias. Despite the increased role of non-State armed groups in internal conflicts, International Humanitarian Law (herein after called IHL) and human rights standards offer only limited opportunities to persuade armed groups to comply, whereas a collection of legal instruments has been developed to supply State actors with a comprehensive framework, guiding the conduct of their combatants. This present mini-thesis aims at identifying various ways of promoting a better implementation of the Geneva Conventions and its Protocols by NSAGs in the Great Lakes Region. Three national conflicts from the Great Lakes Region will be evaluated with the view of determining the extent to which the non-State actors from that region can be receptive to the "culturalization" of the Geneva Conventions. The research will highlight the use of cultural tools and concepts to "contextualize" the dissemination and implementation of IHL In addition, it is hoped that this mini-thesis will help clarifying and identifying key challenges to the compliance with IHL by NSAGs. The mini-thesis is divided into four chapters. Chapter one, divided into two main paragraphs will provide the legal framework concerning the status of NSAGs as well as the origin of their obligation of compliance with IHL. Chapter two, divided into three paragraphs provides a discussion on legal and non-legal impediments to the compliance with international legal regulations by NSAGs. Three case studies from Uganda, Burundi and Rwanda will illustrate the discussion.