An Examination of the Application of International Humanitarian Law During Internal Armed Conflict: Study of Rwanda 1990-1994 Armed conflict
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Date
2011-10
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Kampala International University, School of law
Abstract
All in all, armed conflicts, whether international or non international; confront
humanity every day with cruelty suffering, death, and destruction of property
which have nothing to do with military objectives, and there is no doubt that
the same thing took place in Rwanda during the 1990 — 1994 armed conflict.
The problem this study therefore seeks to address is what law was applicable
during the 1990-1994 Rwandan conflict and why the principles of humanitarian
law were not observed by the Parties involved in that conflict.
In a nutshell, international humanitarian law was violated. This law was seen
to be violated from 1990 when the Tutsi exiles, based in Uganda, launched an
attack on Rwanda government and the government instead directed reprisals to
civilians which were contrary to International Humanitarian law.
Therefore the massacres which occurred in Rwanda between 1990—1994 had a
specific objective namely; the extermination of the Tutsi who were targeted
especially because of their Tutsi origin and not because they were RPF fighters.
Last, though not the least, the 1990 — 1994 armed conflict in Rwanda was not
international in nature. The specific international humanitarian law rules
applicable to this conflict were common Article 3 to the four Geneva
conventions and Additional Protocol II.
It is actually true that, there has been some progress in the realisation and
recognition of International Humanitarian Law in the Rwandese society. The
establishment of International Criminal Tribunal for Rwanda to try persons
accused of grave breaches of IHL, particularly of common article 3 to the four
Geneva Convention and Additional Protocol II, and creation of Gacaca Court,
also evidence the progress in realization and recognition of the International
Humanitarian Law.
Description
A Thesis Presented to the School of Postgraduate Studies and Research Kampala International University Kampala, Uganda In Partial Fulfilment of the Requirements for the Masters of Law.
Keywords
Armed Conflict:, Humanitarian Law, International Humanitarian Law, Rwanda