79 pages,The Applicability Of The International Humanitarian Law On Armed Conflict Anglophone Conflict in Cameroon.

CHAPTER ONE

Background To The Study

International Humanitarian Law On Armed Conflict Anglophone Conflict in Cameroon. International Humanitarian Law (IHL) is a set of rules that aim to limit the effects of armed conflict by protecting those who are not or no longer participating in hostilities and by restricting the means and methods of warfare. It applies to situations of armed conflict and is rooted in the Geneva Conventions of 1949, which are universally accepted by states around the world. When talking about the “International Humanitarian Law on Armed Conflict Anglophone Conflict in Cameroon,”

the focus is on how these legal frameworks apply to the ongoing Anglophone conflict in Cameroon, a civil war-like situation that began in 2017 in the country’s North-West and South-West regions. This conflict arose when the English-speaking population felt marginalized by the predominantly French-speaking government, leading to protests that escalated into armed conflict between separatist groups and the Cameroonian military.

The role of International Humanitarian Law on armed conflict in the Anglophone regions of Cameroon is critical in assessing whether the parties involved are adhering to global legal standards that protect civilians, regulate the conduct of hostilities, and prohibit certain acts, such as targeting schools, hospitals, and places of worship. The applicability of International Humanitarian Law in this context involves evaluating whether the fighting parties, both state and non-state actors, respect the rights of non-combatants, such as civilians, humanitarian workers, and prisoners of war. Despite the presence of legal frameworks, reports indicate widespread violations of these laws, including extrajudicial killings, torture, sexual violence, and the use of children as combatants.

One of the significant challenges in the Anglophone conflict is the blurred lines between combatants and non-combatants. Separatist fighters are often indistinguishable from the civilian population, making it difficult for the state military to differentiate between legitimate targets and civilians. This raises concerns regarding the violation of International Humanitarian Law on Armed Conflict in the Anglophone regions of Cameroon, as non-combatants are meant to be protected under IHL, but the reality on the ground suggests widespread suffering and harm to civilians. The Cameroonian military has been accused of carrying out indiscriminate attacks on villages, while separatist forces have targeted schools, leading to mass displacement and a severe humanitarian crisis.

The “International Humanitarian Law on Armed Conflict Anglophone Conflict in Cameroon” also involves analysing whether the conflict qualifies as an armed conflict under the definitions provided by IHL. IHL applies to both international and non-international armed conflicts, with different legal obligations depending on the nature of the conflict.

In the case of the Anglophone conflict, it is classified as a non-international armed conflict, where the application of IHL is more limited compared to international conflicts, yet the protection of civilians remains a key priority. Another important element of this study is how international actors, such as the United Nations and the International Committee of the Red Cross (ICRC), respond to violations of IHL in Cameroon and what measures can be taken to enforce compliance with these laws.

Further complicating the situation is the reluctance of the Cameroonian government to acknowledge the full scope of the conflict, often referring to it as a mere security crisis, rather than a civil war or armed conflict. This refusal affects the applicability of International Humanitarian Law, as it influences the government’s obligations under IHL and their willingness to comply with international standards. On the other hand, the separatist movements do not have official recognition as a legitimate armed group, which complicates their ability to engage with international legal mechanisms designed to protect civilians and govern the conduct of hostilities.

The “International Humanitarian Law on Armed Conflict Anglophone Conflict in Cameroon” raises critical questions about accountability, justice, and humanitarian protection. It is essential to examine how the principles of IHL are being implemented in this conflict and whether the violations are being addressed by national and international bodies. Moreover, the long-term impact on civilians, including the destruction of infrastructure, forced displacement, and psychological trauma, highlights the urgent need for a legal and humanitarian response that aligns with the core tenets of IHL.

The Applicability of International Humanitarian Law on Armed Conflict Anglophone Conflict in Cameroon

International Humanitarian Law on armed conflict refers to the legal frameworks established to regulate the conduct of armed conflicts and to protect those who do not participate directly in hostilities. In the context of the Anglophone conflict in Cameroon, this involves examining how the parties involved—both the Cameroonian state and separatist groups—adhere to the rules of war as stipulated by IHL. It also includes an assessment of the measures taken to protect civilians and other vulnerable groups from the worst effects of the conflict, such as forced displacement, gender-based violence, and the destruction of homes and livelihoods.

Despite the existence of well-defined laws, the conflict in the Anglophone regions of Cameroon has been marked by numerous alleged violations of International Humanitarian Law. Various reports have documented abuses by both the Cameroonian military and separatist fighters, including attacks on civilian populations, the burning of villages, and the recruitment of child soldiers. The application of IHL in this conflict is complicated by the government’s classification of the conflict as an internal security issue rather than an armed conflict, which impacts its willingness to adhere to international obligations.

However, the classification of the conflict as a non-international armed conflict means that IHL should still apply, albeit with a more limited scope. For instance, the protection of civilians and the prohibition of certain weapons and tactics remain valid under IHL, even in non-international conflicts. This raises concerns about the accountability of both the Cameroonian government and the separatists for their actions, as well as the role of international actors in ensuring compliance with these laws.

Problem Statement

The Anglophone conflict in Cameroon has exposed significant gaps in the application and enforcement of International Humanitarian Law. Despite the existence of clear legal frameworks designed to regulate armed conflicts and protect civilians, both state and non-state actors involved in the Anglophone conflict have been accused of violating these rules. Civilians in the North-West and South-West regions have borne the brunt of the conflict, suffering from violence, displacement, and widespread human rights abuses. The failure of the parties involved to adhere to IHL standards raises important questions about the effectiveness of these laws in protecting vulnerable populations in conflict zones.

One of the central problems is the reluctance of the Cameroonian government to fully recognize the Anglophone conflict as an armed conflict, which has hindered the implementation of International Humanitarian Law. Additionally, the separatist groups’ lack of recognition as legitimate combatants has made it difficult for them to engage with international legal mechanisms designed to regulate the conduct of hostilities. This situation has created a legal vacuum where violations of IHL go largely unaddressed, leading to a continued cycle of violence and suffering for civilians.

Another key issue is the lack of accountability for violations of IHL in the Anglophone conflict. Despite numerous reports of abuses by both sides, there has been little to no action taken to hold perpetrators accountable for their actions. This lack of accountability undermines the credibility of International Humanitarian Law and raises concerns about its applicability in conflict situations like the Anglophone crisis in Cameroon. Without a concerted effort to enforce IHL and ensure compliance by all parties, the protection of civilians and the resolution of the conflict will remain elusive.

Research Questions

1. How applicable is International Humanitarian Law in the context of the Anglophone conflict in Cameroon?
2. What are the main challenges in ensuring compliance with International Humanitarian Law by both state and non-state actors in the Anglophone conflict?
3. What role do international organizations, such as the United Nations and the International Committee of the Red Cross, play in enforcing International Humanitarian Law in the Anglophone regions of Cameroon?

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