Sierra Leone government army and the RUF rebels
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
1. How would you qualify the fighting in Sierra Leone between:
– the Sierra Leone government army and the RUF rebels?
– the Kamajors and the RUF?
– UNAMSIL soldiers and the RUF?
– the mercenaries and the RUF?
– ECOMOG soldiers and the RUF?
– the British army and the RUF?
2. Should the conflict be divided into different parts depending on the nature of the armed groups? Even at the risk of having different qualifications depending on the actors? What would be the consequences, under IHL, of qualifying the same conflict as international in some respects and non-international in other respects? Is it possible (and desirable) for people to benefit from a specific status if they are in the hands of one party to the conflict but not if they are in the hands of a different party?
3. In each of the situations enumerated in question 1, what would be the status of possible detainees? What about UNAMSIL members in the hands of the RUF? Is hostage-taking a violation of IHL? Is this valid for combatants taken as hostages? If the members of two different groups are held (for example) by the RUF, can they have different statuses? (GC I-IV, Art. 3; GC III, Art. 4; ICC Statute, Art. 8; See The International Criminal Court)
4. How would you qualify the conflict in Liberia between:
– the government forces (of Samuel Doe) and the NPFL?
– the government forces and those of Prince Johnson?
– the NPFL as the new government and the other armed groups (ULIMO, LPC)?
– Liberian rebel groups or factions fighting between themselves?
5. What if the fighting takes place in part or entirely outside Liberian territory (in Guinea, for example)?
6. Can ULIMO be held responsible for acts committed by Does governmental army, since it was created by former members of the army loyal to Doe? Can Charles Taylors government be held responsible for acts committed by the NPFL as a rebel group? [See International Law Commission, Articles on State Responsibility [Part A., Art. 10(1)]]
7. How would you qualify the fighting in Guinea between:
– the government forces and mutineers?
– the government forces and Guinean rebels of the RFDG?
– the government forces and foreign rebels (RUF, ULIMO)?
– Sierra Leones Kamajors and the mutineers or members of the RFDG?
– the Guinean volunteers and the mutineers, the RFDG or foreign rebels?
8. How would you qualify fighting involving the governmental forces of Liberia, Sierra Leone or Guinea outside their territory:
– if their attacks are aimed at rebel forces of the country were the fighting takes place, for example between the Guinean government and the RUF on the territory of Sierra Leone?
– if their attacks are aimed at rebel forces of the attacking forces country that are based on foreign territory, for example attacks by the Liberian government on ULIMO in Guinea?
9. What is the position of mercenaries in IHL? In the IHL of non-international armed conflicts? Is the use of mercenaries authorized or not under international law (for a State, the United Nations, rebel forces)? What would be their status if they were captured? Are they bound by the rules of IHL? Are the staff of private security agencies hired, for example, to protect mining operations, mercenaries? If they use armed force to fulfil their mission? In terms of criminal and international responsibility, who can be held responsible for acts committed by mercenaries: the State and members of the government that used the mercenaries, such as Sierra Leone and the United Kingdom, the leaders of companies employing mercenaries, the mining companies who used the mercenaries? [See OAU Convention of 1977, United Nations Convention of 1989, available on http://www.icrc.org/ihl, and The Issue of Mercenaries; P I, Art. 47]
10. The head of the Kamajor militia, Samuel Hinga Norman, is the Deputy Minister of Defence in Sierra Leone. How could this affect IHL (qualification of the conflict, applicable law, State responsibility, etc.)?
11. Are ECOMOG forces bound by IHL? As Nigerian soldiers make up the bulk of the force, can ECOMOG be equated with the Nigerian army? What would be the consequences of doing so? If the Security Council authorized armed intervention by ECOMOG, what would be the consequences in terms of the application of IHL and responsibility?
12. Are UN forces, in this case UNAMSIL, bound by IHL? Discuss the provisions of IHL that are specific to UN forces. [See Convention on the Safety of UN Personnel; ICC Statute, Art. 8; See The International Criminal Court, and UN, Guidelines for UN Forces]
13. What would be the status of members of the British Special Air Service (SAS) under IHL? What would be the legal consequences of fighting between the SAS and the RUF? In case of capture? Could the SAS members be qualified as spies? What rules of IHL are applicable to spies? Are they applicable if the conflict is qualified as non-international? (GC IV, Art. 5; P I, Art. 46)
2. Violations of International Humanitarian Law
1. Are the abuses listed in these documents banned by IHL? Are they also criminalized? Can we talk about crimes against humanity? About genocide? Are the facts described criminalized in the same way in the law of international armed conflicts and that of non-international armed conflicts? Is this distinction of importance for the qualification of crimes against humanity and genocide?
2. Are these bans and/or this criminal liability part of customary law or treaty-based law?
3. In this instance, do the governments aerial attacks violate IHL? What measures should be taken before launching an attack? Is dropping pamphlets sufficient? Can the rebels be held (partially) accountable? What does IHL say about human shields? (GC IV, Art. 28; P I, Arts 51, 57 and 58; ICC Statute, Art. 8; See The International Criminal Court)
4. What does IHL say about child soldiers? What is the age limit for recruitment into the armed forces? Are there any specific provisions in IHL that protect all children? Is there a ban on killing a child even if it is carrying weapons? And if the child is part of an armed group and openly carrying weapons? (P I, Art. 77; P II, Art. 4; See 1989 Convention on the Rights of the Child and Optional Protocol to the Convention on the Rights of the Child, on the Involvement of Children in Armed Conflict; ILO Convention No. 182, available on http://www.ilo.org; ICC Statute, Art. 8)
5. Are the abuses inflicted on Red Cross humanitarian personnel banned/criminalized? Does Red Cross personnel benefit from additional protection in comparison to other humanitarian workers? (GC I-IV, Arts 9/9/9/10 respectively; GC III, Art. 122; GC IV, Art. 142; P I, Arts 8, 17, 18, 38, 71 and 81; P II, Arts 9, 12 and 18)
6. What is the difference between the internally displaced and refugees? Are they protected by IHL? Are the camps of internally displaced persons and refugees specifically protected? What if they shelter members of armed groups? Do the internally displaced and refugees have a specific right to humanitarian aid? What obligations do the parties to the conflict have in regard to them? Can civilians be prevented from fleeing the conflict? Can they be forced to flee? (GC IV, Arts 44 and 48; P I, Arts 58 and 73; P II, Art. 17)
7. Is the destruction of a sub-prefecture by Sierra Leonean rebels banned/criminalized by IHL? Is the sub-prefecture a military objective? What are the criteria defining a military objective? Is the definition applicable in non-international armed conflicts? Is this latter qualification possible even though borders were crossed in this case? (P I, Art. 52)
3. Towards repression and reconciliation
1. What are the differences between the Special Court for Sierra Leone, the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda and the International Criminal Court?
2. Is the Special Courts lack of jurisdiction over crimes committed before 30 September 1996 acceptable? Does Article 1 of its Statute put an end to all possibility of prosecuting serious violations committed before this date? Will the International Criminal Court be able to try the suspected perpetrators of these crimes? Is there a statute of limitations for breaches of IHL? [See UN Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, 26 November 1968; ICC Statute, Arts 11 and 29; See The International Criminal Court]
3. Art. 2 of the Special Courts Statute, on crimes against humanity, uses the words widespread or systematic attack, but the French version uses attaque généralisée et systématique. Art. 7 of the ICC Statute uses the words widespread or systematic attack. Does this difference change the provisions scope? Is one version preferable to the other?
4. Is Art. 4(c) of the Statute designed for children who willingly took up weapons? Is the voluntary enrolment of children under the age of 15 legal? What does Art. 3 of the Optional Protocol to the Convention on the Rights of the Child say about this [See Optional Protocol to the Convention on the Rights of the Child, on the Involvement of Children in Armed Conflict]?
5. Is the Special Court competent to judge foreign forces (Liberian, Nigerian or others) who committed violations on the territory of Sierra Leone? Does it have jurisdiction to prosecute crimes committed, for example, by the RUF in Guinea?
6. If Foday Sankoh (deceased in July 2003) had to appear before the court, would he have been able to invoke the amnesty afforded to him in the 1999 Lomé Agreement? Is an amnesty acceptable in IHL? (P II, Art. 6)
7. Is it not contradictory to have both the Truth and Reconciliation Commission and the Special Court? How could the two interact? How do you decide who should appear before the Special Court and who should be heard by the Commission?
8. What differences are there between the violations of IHL mentioned in the Truth and Reconciliation Commission Act and the war crimes or the grave breaches of IHL that are excluded from the amnesty?
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