Armed Conflicts in the Great Lakes Region Case Study
Order ID: 89JHGSJE83839 Style: APA/MLA/Harvard/Chicago Pages: 5-10 Instructions:
Armed Conflicts in the Great Lakes Region Case Study
a. Is the conflict in the Democratic Republic of the Congo (DRC) international or non-international in nature? In order to
determine the legal nature of the conflict, is it necessary to distinguish between the fighting taking place between
government and rebel forces and the fighting in which foreign powers are involved? (GC I-IV, Arts 2 and 3)
b. What is the nature of the conflict between the governmental Forces armées congolaises (FAC) and the forces of the
Congolese Rally for Democracy (RCD), for example? Between the governmental Rwandan Pariotic Front (FPR) and the
(Rwandan rebel) Interahamwe militias, on Congolese territory?
c. Does foreign intervention automatically internationalize a conflict? Is a conflict classified the same way when
Zimbabwean forces (together with the FAC) fight against the RCD, and when the (Rwandan governmental) FPR battles
the FAC or other non-State armed groups allied to the Congolese Government?
d. Can a conflict situation be divided into as many bilateral relationships as there are internal and external parties to the
conflict, so that the scope of applicable IHL varies according to the parties confronting each other? For example, is the
scope of applicable IHL narrower in the conflict between the FAC and the RCD than in that between the FAC and the
FPR? Even if the RCD is supported by the FPR?
e. What provisions are applicable in the case of non-international armed conflicts? As the DRC was not, at the time,
party to Protocol II, was only Art. 3 common to the Geneva Conventions applicable? Were the conditions met for
applying Protocol II? Is IHL enforceable against non-State armed groups? What about the application of IHL between
the parties to a non-international armed conflict if they are [d]etermined to ensure the respect […] for the Geneva
Conventions of 1949 and the Additional Protocols of 1977 (Preamble to the Lusaka Agreement)? Isnt this provision of
the preamble valid only between States party to the agreement? Is this a recognition of the applicability of Protocol II
even to States that have not ratified it?
2.
a. According to IHL, when is a territory considered occupied? (HR, Art. 42) Are Congolese territories controlled byRwanda or Uganda occupied territories within the meaning of IHL? What are the obligations of an occupying power
under IHL?
b. Are occupying powers entitled to exploit the natural resources of the territories they occupy? To what extent? Which
provisions of IHL govern these questions? Does exploitation of this kind amount to requisition? If so, do the requisitions
comply with IHL? What difference is there between seizing and requisitioning property? What is an occupier allowed to seize? What is an occupier allowed to requisition? Does IHL contain rules that are detailed enough to regulate both
activities? Under what conditions does seizure comply with Art. 53 of the Hague Regulations? Are these conditions
stipulated explicitly or implicitly in the provision? Is an occupying power responsible for private companies exploiting
mineral resources? (GC IV, Art. 33(2); HR, Arts 23(g), 46(2), 47, 52 and 53) [See Singapore, Bataafsche Petroleum v. The
War Damage Commission; Israel, Ayub v. Minister of Defence, and Israel, Al Nawar v. Minister of Defence]
c. Are the authorities of an occupying power obliged to comply with the rules of the Fourth Geneva Convention
applicable to occupied territories? As regards the Congolese? As regards Rwandan nationals, in occupied territory for
example? (GC IV, Arts 4, 13, 25, 26, 29, 45, 47 and 70; P I, Art. 73) [See ICTY, The Prosecutor v. Tadic [Part C., paras 163-
169]] Are they entitled to arrest Congolese nationals in Congolese territory and transfer them to their own territory? (GC
IV, Art. 49) Can Rwandan or Ugandan authorities arrest rebel Rwandan nationals in Congolese territory and transfer
them to Rwanda or Uganda, respectively? (GC IV, Arts 4, 49 and 70(2); P I, Art. 73) [See ICTY, The Prosecutor v. Tadic
[Part C., paras 163-169]] Is the practice of forced disappearances prohibited by IHL? Does IHL take up the issue of
missing persons? (GC IV, Arts 26 and 137; P I, Arts 32 and 33; ICC Statute, Arts 7(1)(i) and 7(2)(i)) [See The International
Criminal Court]
d. Are Congolese territories allegedly controlled by States allied to the Congolese authorities (Angola and Zimbabwe in
particular) occupied territories? Even if they are controlled with the consent of the host State? Even if control takes
the form of mine concessions? And if the allied States have been authorized to pursue a rebel movement on Congolese
territory (the Angolan army against UNITA, for example)?
3. Can the ICRC deal with the recovery of the dead and the treatment of the wounded (Art. 9 of the Lusaka
Agreement) or organize the recovery of the bodies (Document 3.C.2)? On what conditions? Must it identify the bodies before burying them? Is this the ICRCs mandate? Are the parties obliged to accept the ICRCs services? (GC I, Arts 9,
17 and 18; GC IV, Arts 10 and 140; P I, Art. 33)
4.
a. What is the role of the UN forces in the DRC? Are they authorized to use force to prevent massacres? Could the UN be
held responsible if they do not do so? Or the UN member States? Should the UN base its actions on the investigation
report on UNAMIR so as not to repeat in the DRC the mistakes made in Rwanda? Are the situations comparable?
b. Does IHL prohibit attacks against UN forces? Are non-State groups bound by this prohibition? (ICC Statute, Arts
8.2(b)(iii) and 8.2(e)(iii)) [See The International Criminal Court; See also Convention on the Safety of UN Personnel, Art.
9]
c. Since the DRC is party to the ICC Statute, does the Court have jurisdiction over those responsible for such attacks?Over those responsible for other violations of IHL? Does the ICTR have jurisdiction over the perpetrators of violations of
IHL in the context of the conflict in the DRC? At least for the aspects of the conflict that are extensions of the Rwandan
conflict in Congolese territory (for example, the fighting in the DRC between the Rwandan Patriotic Army and the
Interahamwe militias)? [See The International Criminal Court, and UN, Statute of the ICTR]
5. How do the Conventions and the Protocols guarantee the right of the victims to assistance and protection? Are the guarantees identical in the framework of international and non-international armed conflicts? Are the provisions of
Protocol II on access to humanitarian aid more restrictive than those of the IHL of international armed conflict? (GC I-IV,
Arts 9/9/9/10 respectively; GC IV, Arts 23, 30, 55, 59-62 and 148; P I, Arts 68-71; P II, Arts 5 and 18)
6. Are UN personnel bound by IHL? Should they be? Assuming that they are, how should the sexual exploitation andabuses committed by some of them be considered? Who would have the responsibility to prosecute these crimes?
Armed Conflicts in the Great Lakes Region Case Study
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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Armed Conflicts in the Great Lakes Region Case Study