ABSTRACT

The Anglophone armed conflict in Cameroon which started in 2016 has caused and inexpressible anguish to the civilian population within the North West and South West Regions of Cameroon. The civilian population continue to pay the price of the conflict as their house are burnt, properties destroyed, killing of their love ones, kidnapping and a whole lots of other consequences from the conflict on the civilian population. The study critically examined the protection of the civilians in the Anglophone armed conflict. Looking differently, the study was aimed to investigate the mechanisms put in place to protect the civilian population in the Anglophone armed conflict in Cameroon. The study is bordered in accordance with the theoretical viewpoint of the Frustration and Aggression theory. The study focused on the theory to understand the causes of the conflict in the Anglophone regions of Cameroon. Both primary and secondary data sources were effectively utilized and the qualitative descriptive research method was chosen.  The study reveals that there are some policies put in place to protect the civilian population in armed conflict in the world. These polices are the International Humanitarians Law, International Human Right Law, Humanitarian Actors and the Court. More so, the study found out that the conflict has affected the civilian population in diverse ways. From displacement of people, sexual gender based violence and rape, destruction of properties and loss of lives. In this light, the study recommends that the government should consider establishing a mechanism for collecting information on violations of the civilian’s rights. This mechanism will be seen as the monitoring mechanism which will unravel all atrocities committed by the belligerents in the field. Also, an ad hoc community should be established to investigate the atrocities already committed in the field so that the perpetrators will be brought to justice.

CHAPTER ONE

GENERAL INTRODUCTION

1-INTRODUCTION

The Protection of Civilians (POC) is a responsibility which includes all parts of a peacekeeping mission, civilian, military and police functions. In many cases, peacekeeping missions are authorized to use all necessary means, up to and including the use of deadly force, to prevent or respond to threats of physical violence against civilians, within capabilities and areas of operations, and without prejudice to the responsibility of the host government.  The effective implementation of the POC mandate requires a comprehensive, integrated and well-planned approach in order to address the various challenges missions with the mandate face. This is the foundation of the 2019 POC Policy which provides the conceptual framework, guiding principles and key considerations for the implementation of the POC policy. The policy promotes consistency in approach while recognizing the varied operational contexts faced by UN Peacekeeping operations and the requirement for flexibility to respond to changing environments and the different resources available across the lifecycle of a mission. The 2020 POC Handbook builds on the POC policy, and brings together the best practices of POC in UN peacekeeping; it captures the lessons from a wide range of experiences and provides all missions.[1]

1.1BACK GROUND OF THE STUDY

Protection of civilians is the ideal of international humanitarian law (IHL), also known as the law of armed conflicts, the law of war or simply, humanitarian law. It is worth noting that the main objective of IHL is to protect the health and dignity of individuals with the protection of the civilian population being one of the key areas affording protection. It is a core constituent of public international law which comprises of rules  that seek to confine the means and method of fighting and as well protect people who are not or no longer taking part in hostilities such as prisoners of war (POW), camp workers, former combatants or wounded/sick combatants who are categorized to be horsed combat. The use of force generally has been banned according to article 2(4) of the UN charter: All associates shall refrain in their international relations from the threat or the use of force against the territorial integrity or political independence of any state, or in any other manner unreliable with the purposes of the United Nations.

The use of force can only be applied as the last resort when all other mechanisms to resolve crisis must have failed. Should force be applied, the principle of Jus in Bello stipulate conditions under which wars ought to be fought. Jus in Bello spells out checks on the conduct of armed conflict in accordance to the principles of; rationality, proportionality and the distinction. This is in an effort to limit wars only to the belligerents involved and to spare the civilian population as well as protect it from the dregs of war.[2] The principle of rationality states that when civilian injuries are not intended or the military effects outweigh the unintended impact on civilians, then the operation can be launched. Although the “Just War Theory‟ has evolved, essential elements of the theory remain steady in all armed conflict situations. War should be a last resort, and it should be undertaken only by competent authorities provided there is an option of success, and if the overall good of the war will outweigh the harm it does. Fighting a war must also be conducted justly; avoiding unnecessary violence targeting civilians or civilian property, and civilians should never be targeted intentionally or used to attain military ends. The principle of proportionality states that the damage caused should be equivalent to the intended aims of the war. The principle of distinction is mainly intended to avoid injuring or causing harm of any nature to the civilian population (non-combatants), whose injuries or death is sometimes unintended[3].

However, according to the doctrine of “double effect,” such penalties may be allowable (albeit regrettable) if the military goal of the attack is just[4] the Cameroon Law No2014/028 of 23^rd December 2014 passed to check acts of terrorism within Cameroon has made the scope for military action more expansive and elastic. In particular, the loose definition of terrorism under this law may curtail the population’s freedom of expression, freedom to participate in protest, freedom of opinion, and freedom of association[5]. So far, many persons have been arrested and charged with terrorism based on the tenets of this law since the start of the Anglophone crisis. War is the total breakdown of law and order synonymous to a climax of hostilities between two or more opposing groups. Indeed, recent experiences in many Sub-Saharan African countries show that the use of power to crush rebellions without necessarily addressing the criticism so endeavoring to treat the issues at stake usually worsen the problem. In particular, continued renunciation of the “Anglophone problem ‟by the government of Cameroon and it swill power to defend the unitary state through denial, disrespect, extortion, and suppression has escalated the problem further.[6]

1.2 STATEMENT OF THE PROBLEM

In Cameroon, in 2016, a strike action was staged by teachers and lawyers of Anglophone extraction of Cameroon, transformed into a full-blown armed conflict that has been on for four years on. This has resulted to an unspeakable suffering on the civilian populations living within the conflict in Cameroon. There has been constant burning of houses and killing of citizens in the northwest and southwest. For instance the Ngarbuh incident which saw the death of many civilians. To this backdrop, the study seeks to examine the protection of civilians in armed conflict: The case of the Anglophone crisis in Cameroon.

1.3 RESEARCH QUTIONS

This research is made up of both general research question and specific research questions.

1.3.1 General research question      

To what extend are civilians protected in times of war?

1.3.2 Specific research questions

      1-who is a civilian in times of war?

      2-What is the legal and institutional framework regulating the protection of civilians in times of war?

      3-How effective is the protection of civilians in SW and NW Cameroon during Anglophone crisis?

      4-What policy recommendations can be proffered for a better protection of civilians?

1.4 RSEARCH OBJECTIVES

This work has a main research objective and specific research objectives.

1.4.1 Main research objective

The main objective of this work is to examine the extent to which civilians are protected in times of war.

1.4.2 Specific research objective

These research the following objectives;

      1- To examine the concept of civilians in times of war.

      2- To examine the legal and institutional framework regulating the protection of civilians in times of war.

      3- To examine how effective is the protection of civilians in NW and SW Cameroon during Anglophone crisis.

      4- To examine what policy recommendation can be proffered for a better protection of civilians.