Thesis Abstract

Abstract
This research project delves into the evaluation of the application of international humanitarian law (IHL) in internal armed conflicts, with a focus on Sierra Leone and Liberia as case studies. The study aims to investigate the extent to which IHL principles are adhered to in the context of internal conflicts, particularly in these two West African countries that have experienced prolonged periods of violence and instability. By examining the specific situations in Sierra Leone and Liberia, the research seeks to analyze the challenges and successes in the implementation of IHL in internal armed conflicts. It explores the legal framework governing internal conflicts and the practical application of IHL principles such as distinction, proportionality, and protection of civilians in these contexts. The research also considers the role of non-state armed groups and their compliance with IHL standards, as well as the challenges faced by humanitarian organizations in providing assistance and protection to affected populations. Through a comparative analysis of the case studies, the research aims to identify common trends, best practices, and gaps in the application of IHL in internal armed conflicts. It also seeks to assess the effectiveness of international mechanisms, such as the International Criminal Court and international tribunals, in holding perpetrators of violations of IHL accountable. The findings of this research project are intended to contribute to the existing body of knowledge on the application of IHL in internal armed conflicts and provide insights for policymakers, practitioners, and academics working in the field of humanitarian law and conflict resolution. By examining the specific experiences of Sierra Leone and Liberia, this study offers valuable lessons that can inform future efforts to strengthen compliance with IHL and enhance the protection of civilians in internal conflict settings. Overall, this research project aims to shed light on the complexities of applying international humanitarian law in internal armed conflicts, with a particular focus on Sierra Leone and Liberia. It seeks to offer a nuanced understanding of the challenges and opportunities in implementing IHL in these contexts and provide recommendations for improving compliance with humanitarian norms and standards to mitigate the impact of conflicts on civilian populations.

Thesis 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.