The purpose of IHL is to protect civilians and provide obligations that parties to the conflict are to adhere to. These obligations in case of a non-international armed conflict emanate from Common Article 3, Additional Protocol II and customary international humanitarian law. The reason for the imposition of these obligations on the parties to the conflict is for the need to protect the civilian population against the effects of hostilities which mostly are women and children. As the conflict in Somalia has gone on for too long, IHL plays an important role in protecting civilians. As the Geneva Conventions regulate armed conflicts together with its Additional Protocols they set out the requirements for the treatment of those not taking part in hostilities. In direct contravention of the Geneva Conventions by the parties to the conflict, the persons not taking part in hostilities have been the victims of attacks by armed groups. Even though armed groups have obligations, breaches have continued to occur resulting in impunity and perpetrators of violence have gone unpunished and there is need to close the accountability gap in respect of holding armed groups accountable in Somalia. The aim of this research is to assess how armed groups in Somalia can be held accountable for the atrocities they have committed. In an attempt to close the gap the researcher discusses the obligations that armed groups have, and when these obligations are breached many result in criminal accountability in respect of war crimes. It is also stated in the research that a State has an obligation to prosecute those in breach of IHL obligations. For prosecution to be possible in Somalia there is need for the Federal government of Somalia to adopt new legislation to enforce the justice system in the attempt to hold armed groups accountable and where possible to also utilise available courts as it is difficult and expensive to establish a tribunal. To end impunity armed groups are to be held accountable.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nmmu/vital:10294 |
| Date | January 2013 |
| Creators | Chingeni, Janet Chisomo |
| Publisher | Nelson Mandela Metropolitan University, Faculty of Law |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis, Masters, LLM |
| Format | x, 119 leaves, pdf |
| Rights | Nelson Mandela Metropolitan University |
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