ABSTRACT

Armed conflict arises whenever there is fighting with arms between states or armed violence between governmental authorities and organized armed groups. It can be either internationalized or internal. As per the 1949 Geneva Conventions, armed conflict involves people fighting against colonial domination or racist regimes in the exercise of their right to self-determination. Internal armed conflict is fighting between state armed forces and the separatist fighters as in the Anglophone regions of Cameroon. Despite the laws regulating armed conflict, there still exist a violation of the rights of military personnel as well as the challenges they face in exercising their rights, causing negative effects. However, this research turns to examine the extent to which the protection of the rights of military personnel is effective in the Northwest and Southwest regions as well as to examine the extent to which the rights of military personnel have been protected in Cameroon during the Anglophone armed conflict.  The qualitative research methodology was used in this work in which the doctrinal approach was applied due to its non-statistical nature. This work is significant due to the fact that there is need to determine the efficiency and adequacy of the existing legal framework with a view on how military personnel are protected in armed conflict as regards to the Anglophone crisis in Cameroon thus by examining the roles of military personnel and their respective rights. It will also help the country or society better understand the meaning of internal armed conflict.

There were basically three theories used in this work namely; the Natura law theory in which its proponents Thomas Aquinas, John Locke, and Hobbes in which they explained the behaviour of individuals in the society from certain basic assumptions of human nature; the Martial Race theory whose proponent was Heike Libeau and his views were based on constant manipulation and adoption o changing political requirements, and utilizing racial, social, religious criteria; the Triple Pronged theory, developed by Henry Shue which is to the effect that states must protect, respect and fulfil the fundamental human rights of its citizens. This research further discovered that military personnel go through many difficulties of which are an important one is separation from their loved ones. The research will as well recommend certain ways in which these difficulties can be overwhelmed of which one is to strengthen the social welfare services of military barracks in order to be able to monitor and maintain the activities of the family when duty calls.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 BACKGROUND TO THE STUDY

An armed conflict arises whenever there is fighting between states or protracted armed violence between government authorities and organized armed groups or just between organized armed groups[1]. It can be either internationalised or internal. International armed conflict involves armed hostilities between two or more sovereign states, regardless of whether a ‘state of war’ has been declared or accepted. This definition adopted in 1949 with Common Article 2 Geneva Conventions I-IV[2] also includes all cases of partial or total occupation of the territory of a party to the conflict. Since 1977 and the adoption of Geneva Conventions Additional Protocol I[3]. In internal conflict or non-international armed conflict, official armed government forces are opposed to non-state armed groups. The status of combatant is not recognized by the law of non-international armed conflicts to members of these non-state armed groups. International humanitarian law, however, is silent on the issue of their status[4].

During Armed Conflict, civilians and combatants ‘hors de combat” are entitled to specific protection under International Humanitarian Law (IHL) providing that they are not, or are no longer, taking a direct part in hostilities. IHL requires parties to a conflict to respect and protect civilians. In the conduct of military operations, they must distinguish at all times between combatants and civilians, and only direct attacks against suspected combatants and other military objectives.

 In addition, International Humanitarian Rights Law instruments may provide further protection for troops engaged in international military operations (including peacekeepers) must adhere to the relevant provisions of international law. This is because International Humanitarian law applies to protected combatants if they have surrendered, prisoners of war, wounded, shipwrecked and sick combatants. Moreover, it is increasingly common for peace support operations, including peacekeeping troops and police, to play a key role in the protection of civilians affected by armed conflict.

Since the end of the Cold War, over thirty international military operations have been mounted with the protection of civilians as either the principle aim or one of the mission objectives[5]. Such missions have included UN or regional peacekeepers, as well as national, coalition and mutual peace enforcement and post-conflict stabilisation forces. The International Committee of the Red Cross (ICRC) is a neutral and independent institution with a particular mandate for overseeing the implementation and development of IHL (mainly the Four Geneva Conventions of 1949 and their Additional Protocols of 1977)[6]. It dwells on the fact that the main cause of suffering during armed conflicts and of violations of IHL remains the failure to implement existing norms, whether owing to an absence of political will or for another reason rather than a lack of rules or their inadequacy[7] while humanitarian actors may have mandates or roles related to the protection of civilians, the responsibility for protecting civilians affected by armed conflict lies first and foremost with the parties to the conflict (state forces and, in times of internal conflict, additionally with non-state forces).

The armed forces continue to play a key role in defending a democratic state and society by enabling a security environment that allows every individual to enjoy the inalienable human rights and fundamental freedoms to which they are entitled[8]. As representatives of the state structure, armed forces personnel are bound to respect human rights and international humanitarian law in the exercise of their duties[9]. But only when their rights are guaranteed within their own institution will armed forces personnel be likely to uphold these rights in the discharge of their tasks, both when in the barracks and during operations. This compendium and related factsheets present an overview of legislation, policies, and mechanisms for ensuring the protection and enforcement of the human rights and fundamental freedoms of armed forces personnel. They include many examples and good practices from across the Organization for Security and Cooperation in Europe (OSCE) region that have proven successful. It also contains recommendations which can help participating States ensure that their policies and practices are in full compliance with international human rights standards and OSCE[10] human dimension commitments.

As early as 1689, the elector of Brandenburg and the court of Astfield who commanded the French forces providing for mutual respect towards both hospitals and the wounded signed a convention[11]. The protection of military medical personnel must be understood within the broad context of International Humanitarian Law[12].

Military medical personnel refers to persons who are members of armed forces of a party to an armed conflict[13]. They are not limited to persons who give direct care to the wounded and sick such as doctors, surgeons, dentist, chemist, nurses. Medical personnel also include administrative staff that indirectly care for the wounded and sick by forming an integral part of the medical units and ensuring the function properly[14]. 

The Anglophone regions of Cameroon have since late 2016 witnessed a sociopolitical crisis, which has deteriorated overtime and led to violent clashes between armed forces, loss of lives and property, internal displacement and a growing climate of fear and incertitude. The current crisis has its roots in grievances, which date back to the early 1960s. Recent events have led to the escalation of violence and armed confrontations between government forces and Non-State Armed Groups (NSAGs)[15]. Much of this violence is targeted at local communities and, in particular, at schools, with pupils and teachers frequently facing attacks. The atrocities that have been perpetrated during these attacks have directly affected the areas action on the part of the international community to address protection crises[16] and has as well led to the dead of several military personnel’s. Over 3,000 civilians and hundreds of security forces personnel have been killed in the Anglophone regions since 2016[17], when the crisis started[18].

The Anglophone Crisis is an ongoing armed conflict in the Republic of Cameroon in Central Africa, where historically English-speaking Ambazonian separatists are seeking the independence of the former British colony of Southern Cameroons, which has been unified with Cameroon since 1961. Anglophones are considered to be those who speak and have English as a language but are not English people. The Anglophone conflict began in late 2016 when government security forces used lethal force to put down peaceful marches by lawyers and teachers protesting against perceived marginalization by the country’s majority Francophone government. Cameroon’s Anglophone regions have been stuck in a civil war involving the government and separatist groups. Beginning in October 2016, this war is continuing to take a severe toll on Cameroon’s civilians. The Anglophone Crisis had a devastating effect on poverty, bribery and death of military personnel in the region[19].

1.2 STATEMENT OF THE PROBLEM

Armed conflicts especially in Cameroon has been a major challenge to military personnel. Based on the fact that they have been killed on several missions, they as well loose their rights to be with their families so as to protect them. This is because once the family of military personnel is captured, they are being killed[20]. Military personnel’s ought to be protected, since there is a lot of violations o their rights, they are being killed and molested as well as humiliated randomly. Hence, this study intends to investigate their challenges especially during this present socio-political armed conflict occurring in the Anglophone regions.

Thus, despite the international laws regulating armed conflict, the still exist human rights violations of military personnel as observed in the current arm conflict in Cameroon. The protection of the rights of military personnel has not been very effective in the Anglophone regions of Cameroon causing negative effects.

1.3 RESEARCH QUESTION

These are the questions which the study sets to answer.

1.3.1 General Research Question

  To what extent is the protection of the rights of military personnel effective in the North West and South West Regions?

1.3.2 Specific Research Questions

• Who are military personnel, their role and rights during armed conflict?
• What are the legal, institutional and policy frameworks set up to protect military personnel in armed conflict?
• How effective are the rights of military personnel protected during armed conflict?
• What policy recommendations are appropriate to protect the rights of military personnel?

1.4 RESEARCH OBJECTIVES

The objectives of this work are divided into two parts namely; general and specific.

1.4.1 General Research Objectives

To examine the extent to which the rights of military personnel have been protected in Cameroon during the Anglophone armed conflict..

1.4.2 Specific Research Objective

• To examine who are military personnel, their rights and role as military personnel during armed conflict.
• To evaluate the legal, institutional and policy frameworks set up to protect military personnel.
• To examine how effective the rights of military personnel are protected during armed conflict.
• To make policy recommendations appropriate to protect the rights of military personnel.