2016 REPORT IMPLEMENTING IHL IN WEST AFRICA PARTICIPATION OF WEST AFRICAN COUNTRIES IN INTERNATIONAL HUMANITARIAN LAW TREATIES AND THEIR NATIONAL IMPLEMENTATION
1 REPORT This report is jointly prepared by ICRC and ECOWAS Commission from resources available on-line and information shared during the 2016 Annual Review Meeting on the Implementation of IHL in West Africa. The information is to up to date as at June 2016. However, it may not be exhaustive.
ECOWAS Commission International Committee of the Red Cross 101 Yakubu Gowon Crescent 5, Queen Elisabeth Street Asokoro District, P.M.B. 401. Off Yakubu Gowon Crescent, by Aso Villa Gate Abuja, Nigeria Abuja, Nigeria. E-mail: [email protected] T +234 700 5000 4000 www.ecowas.int E-mail: [email protected] www.icrc.org © ICRC, November 2016 2016 REPORT IMPLEMENTING IHL IN WEST AFRICA Participation of West African Countries in International Humanitarian Law Treaties and their National Implementation TABLE OF CONTENTS
4 INTRODUCTION 6
PART I - COLLABORATION BETWEEN ICRC AND ECOWAS ON IHL 8
PART II - PARTICIPATION OF WEST AFRICAN STATES IN IHL TREATIES 12 1. IHL Treaties 13 • Protection of the Victims of Armed Conflict 13 • Protection of Cultural Property in the Event of Armed Conflict 13 • International Criminal Law 14 • Weapons 14 • Regional Treaties 14 2. Ratification of IHL Treaty in ECOWAS Member States (2014-2016) 15 3. Table: Main IHL Treaty Ratifications Per Country 16
PART III - NATIONAL IHL IMPLEMENTATION MEASURES IN WEST AFRICA 18 1. Legislative, Regulatory, Practical and Public Policy Measures 19 • Penal Repression 19 • Weapons 22 • Protection of Emblems 25 • Protection of Cultural Property 27 • Participation of Children in Armed Conflict 27 • Regional Treaties 28 2. Integrating IHL in the Armed Forces 29 3. Integration and Dissemination of International Human Rights Law and Relevant Humanitarian Principles in Police and Security Forces 31 4. Integrating IHL into Academic Teaching 33
PART IV - NATIONAL COMMITTEES ON IHL 34 1. Existing National Committees on IHL and Dates of Creation 35 2. Other Institutions/Agencies Responsible for Implementation of IHL 36
PART V - ACTIVITIES CARRIED OUT BY THE ICRC IN THE ECOWAS MEMBER STATES 38 1. Promotion and Implementation of IHL Treaties 39 2. Integrating IHL in the Armed Forces and Integration and Dissemination of International Human Rights Law and Relevant Humanitarian Principles in Police and Security Forces 40 3. Promotion of IHL in Academic Circles 40
PART VI - ACTIVITIES CARRIED OUT BY THE ECOWAS COMMISSION IN MEMBER STATES 42 1. Directorate of Humanitarian and Social Affairs 43 2. Directorate of Peacekeeping and Regional Security 44 3. Instruments at the ECOWAS Regional Level 45
ANNEX 46 1. Country Priorities on the Implementation of IHL 2016/2017 47
5 INTRODUCTION
6 This report is a joint report by the International Committee ECOWAS Member States have made significant progress of the Red Cross (ICRC) and the Economic Community in ratifying or acceding to IHL-related treaties, including of West African States (ECOWAS) Commission. The ICRC for example in the area of arms transfers. In addition to and the ECOWAS Commission have worked together on the ECOWAS Convention on Small Arms and Light Weapons implementation of International Humanitarian Law (IHL) for (ECOWAS Convention on SALW), ECOWAS Member States over a decade, and have seen significant progress during this played an important role in the international negotiations time. leading to the adoption of the Arms Trade Treaty (ATT); with 11 ratifications from the sub-region, ECOWAS Member States At the centre of this engagement is the ICRC-ECOWAS Annual continue to play an important role in universalisation of Review Meeting on the Promotion of IHL Implementation, this treaty. Additionally, ECOWAS Member States represent which took place for the thirteenth time in June 2016. one third of the current States Parties to the African Union The objective of these annual meetings is to promote Convention on Assistance and Protection of Internally Displaced key IHL treaties, and provide technical support for their Persons (the Kampala Convention) which further codifies a implementation within ECOWAS Member States. It also number of core IHL obligations. serves as a platform for participants and experts from ECOWAS Member States to network and exchange views However, ratification of IHL treaties is only the first step and and experiences on contemporary IHL issues of concern, and must be followed by additional measures aimed at ensuring humanitarian challenges in the region. This report builds on full implementation and compliance with these treaty the exchange of information and ideas at the 2016 Annual obligations. Indeed, Member States must take practical Review Meeting, including in relation to the domestication steps towards the domestication and implementation of and integration of IHL treaties, as well as other measures these treaties, including through the adoption of national taken by Member States to promote and disseminate IHL. implementing legislation.
Over the years, ECOWAS Member States have seen their own In addition to its work with the ECOWAS Commission, the ICRC share of humanitarian consequences resulting from armed also works with ECOWAS Member States at the national level, conflict and other situations of violence in the region and have to provide technical support in domesticating, integrating experienced first-hand the need to ensure better protection and disseminating IHL. This stream of work is complemented of victims of armed conflicts and affected populations. In this by the ICRC’s operational activities, including in the area of regard, IHL related treaties, as well as customary IHL, impose assistance and protection. In 2015, the ICRC spent over 155 obligations on parties to an armed conflict (including both million Swiss Francs on the sub-region and for the first half of State and non-State actors), to limit the effects of armed 2016, the budget has seen a remarkable increase. conflict on persons who are not, or who are no longer taking part in hostilities, and to restrict the means and methods of warfare.
7 IMPLEMENTING IHL IN WEST AFRICA PART I
PART I
8 IMPLEMENTING IHL IN WEST AFRICA COLLABORATION BETWEEN ICRC AND ECOWAS ON IHL
COLLABORATION BETWEEN ICRC AND ECOWAS ON IHL
The Memorandum of Understanding (MoU) between the The targets within the ECOWAS IHL Plan of Action were further ICRC and the ECOWAS Commission was signed in February distilled into an Annual Reporting Questionnaire as a tool 2001 and defined three major operational axes including: to measure Member States progress in the implementation convening conferences and other meetings; undertaking of obligations with respect to IHL; also as a basis for a joint activities to achieve common goals; and providing Synthesis Report on Regional Implementation of IHL in 2013. technical cooperation, such as technical studies on topics of In pursuing the articulation of a more programmatic and mutual concern. systematic approach to IHL Implementation by the ECOWAS Commission, ICRC and the ECOWAS Commission in 2014, Another MoU was signed between the ECOWAS Parliament developed an Indicators Document to guide implementation and the ICRC in 2010, which invites the ICRC to attend the by Member States of the IHL Plan of Action. Parliamentary sessions as an observer. The ICRC has been doing so ever since 2011. It is important to note that the ECOWAS Humanitarian Policy and Plan of Action (HPPOA) adopted by ECOWAS Ministers Over the years, the ICRC and the ECOWAS Commission have of Foreign Affairs in 2012 (the main ECOWAS Humanitarian been working predominantly in the area of promotion of IHL instruments) include a specific Strategic Objective on“ensuring treaties and their implementation, most notably through the Member States and Citizens Compliance with International Annual ICRC-ECOWAS Review Meeting on implementation Humanitarian Law as a means of preventing or mitigating of IHL Treaties in West Africa. Since 2001, thirteen meetings conflict related impacts on the civilian populace”. It explicitly have been organised. recognises the ECOWAS IHL Plan of Action as a priority measure in addition to establishment of National Committees In 2009, the ECOWAS Commission supported by the ICRC on IHL and designation of National Focal Points for reporting developed the ECOWAS Plan of Action on Implementation progress to ensure compliance with IHL amongst other of IHL in West Africa (2009-2014). The ECOWAS IHL Plan measures. of Action set out targets for ECOWAS Member States in relation to ratification and accession to international treaties While the ECOWAS IHL Plan of Action has elapsed, it still and translation into national legislative frameworks. It also provides basic guidance for IHL programming by the ECOWAS set out targets to ensure adequate capacity building, the Commission. The process of review and development of a establishment of operational structures including human new IHL Plan of Action is underway. rights and IHL focal points for security forces, implementation of national action plans on IHL, and ensuring designation of Other concrete examples of collaboration between the ICRC an appropriate department responsible for IHL observance in and the ECOWAS Commission have been ATT Workshops, the military. The ECOWAS IHL Plan of Action also set out goals which aimed to foster a regional common position on the in the area of dissemination of IHL, and specified ECOWAS ATT and the ECOWAS Convention on SALW. For instance, responsibilities. following the adoption of the ATT in April 2013, the ICRC
9 IMPLEMENTING IHL IN WEST AFRICA PART I
and ECOWAS Commission Small Arms Division (SAD) jointly organised a seminar titled, “Towards the implementation of the ATT” addressing the coming into force of the Treaty as well as challenges that might arise from the joint implementation of the ATT and the ECOWAS Convention on SALW.
The ICRC and the ECOWAS Commission have also worked jointly in the area of integrating IHL into military doctrine and training. In particular, the ICRC has provided technical support in developing the Doctrine of the ECOWAS Standby Force (ESF). The ICRC and the ESF have also jointly organised two workshops: the first in 2009 and the second in 2016.
In sum, the following activities have been undertaken since 2001 pursuant to the existing MoU:
• Conference on Weapons and International Humanitarian Law • 10-11 October 2001
• Seminar on the Rome Statute of the International Criminal Court • 29-31 January 2002
• Workshop on Anti-personnel Mines for ECOWAS Member States (organised by ICRC in Burkina Faso with Canadian financial support) • 28-29 January 2004
• Workshop on the Law of Armed Conflict for the ESF • 7-11 December 2009
• Workshops on the Arms Trade Treaty • 20 May 2009 • 12 May 2010 • 25-26 April 2012 • 26-27 May 2014
• Workshop on the Implementation of the ECOWAS Convention on SALW • May 2010
• ICRC-ECOWAS Annual Review Meeting on implementation of IHL Treaties in West Africa • Annually since 2001, with the exception of 2011 and 2014
10 IMPLEMENTING IHL IN WEST AFRICA COLLABORATION BETWEEN ICRC AND ECOWAS ON IHL
Cross section of participants at the 13th ICRC-ECOWAS Annual Review Meeting on the Implementation of IHL - June 2016. Abuja, Nigeria © ICRC
11 IMPLEMENTING IHL IN WEST AFRICA PART II
PART II
12 IMPLEMENTING IHL IN WEST AFRICA PARTICIPATION OF WEST AFRICAN STATES IN IHL TREATIES
PARTICIPATION OF WEST AFRICAN STATES IN IHL TREATIES
1. IHL Treaties • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive The key IHL treaties providing for the protection of civilians Emblem, 8 December 2005 (AP III 2005) and civilian objects from the effects of armed conflict are the following: • Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, 25 May Protection of the victims of armed conflict 2000 (Opt Prot. CRC 2000)
• Geneva Conventions of August 12 1949 (GC I-IV 1949) • International Convention for the Protection of All Persons from • Convention (I) for the Amelioration of the Condition of the Enforced Disappearance, 20 December 2006 (CPED 2006) Wounded and Sick in Armed Forces in the Field, 12 August 1949 Protection of cultural property in the event of armed conflict • Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces • Convention for the Protection of Cultural Property in the Event at Sea, 12 August 1949 of Armed Conflict, 14 May 1954 (Hague Conv.1954)
• Convention (III) relative to the Treatment of Prisoners of • Protocol for the Protection of Cultural Property in the Event of War, 12 August 1949 Armed Conflict, 14 May 1954 (Hague Prot. 1954)
• Convention (IV) relative to the Protection of Civilian Persons • Second Protocol to the Hague Convention of 1954 for the in Time of War, 12 August 1949 Protection of Cultural Property in the Event of Armed Conflict, 26 March 1999 (Hague Prot. 1999) • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Environment Armed Conflicts, 8 June 1977 (AP I 1977) • Convention on the Prohibition of Military or any Hostile Use of • Declaration recognizing the competence of the International Environmental Modification Techniques, 10 December 1976 Fact-Finding Commission provided for in Article 90 AP I (AP I (ENMOD Conv. 1976) Declaration Art. 90)
• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non- International Armed Conflicts, 8 June 1977 (AP II 1977)
13 IMPLEMENTING IHL IN WEST AFRICA PART II
International criminal law • Protocol on Non-Detectable Fragments, 10 October 1980 (CCW Prot. I 1980) • Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, 26 November • Protocol on Prohibitions or Restrictions on the Use of 1968 (CSL 1968) Mines, Booby-Traps and Other Devices, 10 October 1980 (CCW Prot. II 1980) • Rome Statute of the International Criminal Court, 17 July 1998 (ICC Statute 1998) • Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons, 10 October 1980 (CCW Prot. III 1980) • Amendment to Article 8(2)(e) of the Rome Statute (ICC a 2010) • Protocol on Blinding Laser Weapons, 13 October 1995 Weapons (CCW Prot. IV 1995)
• Protocol for the Prohibition of the Use of Asphyxiating, • Protocol on Prohibitions or Restrictions on the Use of Poisonous or Other Gases, and of Bacteriological Methods of Mines, Booby-Traps and Other Devices, as amended on Warfare, 17 June 1925 (Geneva Gas Prot.1925) 3 May 1996 (CCW Prot. II a 1996)
• Convention on the Prohibition of the Development, Produc- • Protocol on Explosive Remnants of War, 28 November 2003 tion and Stockpiling of Bacteriological (Biological) and Toxin (CCW Prot. V 2003) Weapons and on their Destruction, 10 April 1972 (BWC 1972) • Amendment of 21 December 2001 to article 1 of the CCW of • Convention on Prohibitions or Restrictions on the Use of 10 October 1980 (CCW a. 2001) Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, 10 • Convention on the Prohibition of the Development, Produc- October 1980 (CCW 1980) and its Protocols: tion, Stockpiling and Use of Chemical Weapons and on their Destruction, 13 January 1993 (CWC 1993)
IHL Training for personnel of the Armed Forces of Liberia (AFL) held at the Edward Beyan Kesselle Military Barracks, March -2016, Margibi, Liberia. © ICRC
14 IMPLEMENTING IHL IN WEST AFRICA PARTICIPATION OF WEST AFRICAN STATES IN IHL TREATIES
• Convention on the Prohibition of the Use, Stockpiling, 2. Ratification of IHL treaties in ECOWAS Production and Transfer of Anti-Personnel Mines and on their Member States (2014-2016) Destruction, 18 September 1997 (APMBC 1997) Between 2014 and 2016, the ECOWAS Member States have • Convention on Cluster Munitions, 30 May 2008 (CCM 2008) been active in the ratification of IHL treaties.
• Arms Trade Treaty, 2 April 2013 (ATT 2013) • The Optional Protocol to the Convention of the Rights of the Child on the Involvement of Children in Armed Conflict Regional Treaties (2000) was ratified by three countries (Ghana, Guinea Bissau and Guinea). • ECOWAS Convention on Small Arms and Light Weapons,14 June 2006 (ECOWAS Conv. SALW 2006) • The International Convention for the Protection of All Persons from Enforced Disappearance, (2006) was ratified • African Union Convention for the Protection and Assistance by two countries (Niger and Togo). of Internally Displaced Persons, 23 October 2009 (Kampala Convention 2009) • The Convention on Cluster Munitions (2008) was ratified by one country (Guinea).
• The active support of States from the region towards the ATT deserves to be highlighted. Eleven States have ratified that treaty since its adoption by the United Nations General Assembly in April 2013, among which, ten ratified the treaty between 2014 and 2016 (Burkina Faso, Cabo Verde, Cote d’Ivoire, Ghana, Guinea, Liberia, Niger, Senegal, Sierra Leone and Togo).
15 IMPLEMENTING IHL IN WEST AFRICA PART II
3. Table: Main IHL treaty ratifications per country
Country GC I-IV 1949 AP I 1977 AP I Declaration AP II 1977 AP III 2005 Opt Prot. CRC 2000 CPED 2006 ICC Statute 1998 Hague Conv. 1954 Hague Prot. 1954 Hague Prot. 1999 ENMOD Kampala art. 90 Conv. 1976 Convention 2009 Benin 14.12.1961 28.05.1986 - 28.05.1986 - 21.01.2005 - 22.01.2002 17.04.2012 17.04.2012 17.04.2012 30.06.1986 28.02.2012
Burkina Faso 07.11.1961 20.10.1987 24.05.2004 20.10.1987 - 06.07.2007 03.12.2009 16.04.2004 18.12.1969 04.02.1987 - - 09.08.2012
Cabo Verde 11.05.1984 16.03.1995 16.03.1995 16.03.1995 - 10.05.2002 - 10.10.2011 - - - 03.10.1979 -
Cote d’Ivoire 28.12.1961 20.09.1989 - 20.09.1989 - 12.03.2012 20.02.2013 15.02.2013 24.01.1980 - - - 22.01.2014
Islamic Rep. of 20.10.1966 12.01.1989 - 12.01.1989 - - - 28.06.2002 - - - - 17.08.2011 Gambia
Ghana 02.08.1958 28.02.1978 - 28.02.1978 - 09.12.2014 - 20.12.1999 25.07.1960 25.07.1960 17.05.1999 22.06.1978 -
Guinea 11.07.1984 11.07.1984 20.12.1993 11.07.1984 - 08.04.2010 - 14.07.2003 20.09.1960 11.12.1961 - - -
Guinea Bissau 21.02.1974 21.10.1986 - 21.10.1986 - 24.09.2014 ------04.01.2012
Liberia 29.03.1954 30.06.1988 - 30.06.1988 - - - 22.09.2004 - - - - -
Mali 24.05.1965 08.02.1989 09.05.2003 08.02.1989 - 16.05.2002 01.07.2009 16.08.2000 18.05.1961 18.05.1961 15.11.2012 - 07.11.2012
Niger 21.04.1964 08.06.1979 - 08.06.1979 - 13.03.2012 24.07.2015 11.04.2002 06.12.1976 06.12.1976 16.06.2006 17.02.1993 10.05.2012
Nigeria 20.06.1961 10.10.1988 - 10.10.1988 - 25.09.2012 27.07.2009 27.09.2001 05.06.1961 05.06.1961 21.10.2005 - 17.04.2012
Senegal 18.05.1963 07.05.1985 - 07.05.1985 - 03.03.2004 11.12.2008 02.02.1999 17.06.1987 17.06.1987 - - -
Sierra Leone 10.06.1965 21.10.1986 - 21.10.1986 - 15.05.2002 - 15.09.2000 - - - - 15.07.2010
Togo 06.01.1962 21.06.1984 21.11.1991 21.06.1984 - 28.11.2005 21.07.2014 - - - - - 09.08.2011
Country Geneva Gas BWC 1972 CCW 1980 CCW Prot. I CCW Prot. II CCW Prot. III CCW Prot. IV CCW Prot. II a CCW a. 2001 CCW Prot. V CWC 1993 APMBC 1997 ECOWAS Conv. CCM 2008 ATT 2013 Prot. 1925 1980 1980 1980 1995 1996 2003 SALW 2006 Benin 09.12.1986 25.04.1975 27.03.1989 27.03.1989 - 27.03.1989 - - - - 14.05.1998 25.09.1998 - - -
Burkina Faso 03.03.1971 17.04.1991 26.11.2003 26.11.2003 26.11.2003 26.11.2003 26.11.2003 26.11.2003 26.11.2003 - 08.07.1997 16.09.1998 28.11.2007 16.02.2010 03.06.2014
Cabo Verde 15.10.1991 20.10.1977 16.09.1997 16.09.1997 16.09.1997 16.09.1997 16.09.1997 16.09.1997 - - 10.10.2003 14.05.2001 28.05.2008 19.10.2010 23.09.2016
Cote d’Ivoire 27.07.1970 - 25.05.2016 - 25.05.2016 - - - - 25.05.2016 18.12.1995 30.06.2000 20.02.2014 12.03.2012 26.02.2015
Islamic Rep. of 05.11.1966 21.11.1991 ------19.05.1998 23.09.2002 - - - Gambia
Ghana 03.05.1967 06.06.1975 ------09.07.1997 30.06.2000 05.03.2010 03.02.2011 22.12.2015
Guinea ------09.06.1997 08.10.1998 24.02.2012 21.10.2014 21.10.2014
Guinea Bissau 20.05.1989 20.08.1976 06.08.2008 06.08.2008 06.08.2008 06.08.2008 06.08.2008 06.08.2008 06.08.2008 06.08.2008 20.05.2008 22.05.2001 - 29.11.2010 -
Liberia 17.06.1927 - 16.09.2005 16.09.2005 16.09.2005 16.09.2005 16.09.2005 16.09.2005 16.09.2005 16.09.2005 23.02.2006 23.12.1999 13.08.2009 - 21.04.2015
Mali - 25.11.2002 24.10.2001 24.10.2001 24.10.2001 24.10.2001 24.10.2001 24.10.2001 - 24.10.2001 28.04.1997 02.06.1998 27.12.2007 30.06.2010 03.12.2013
Niger 05.04.1967 23.06.1972 10.11.1992 10.11.1992 10.11.1992 10.11.1992 18.09.2007 18.09.2007 18.09.2007 - 09.04.1997 23.03.1999 19.02.2007 02.06.2009 24.07.2015
Nigeria 15.10.1968 09.07.1973 ------20.05.1999 27.09.2001 27.10.2008 - 12.08.2013
Senegal 15.06.1977 26.03.1975 29.11.1999 29.11.1999 - - 29.11.1999 29.11.1999 - 06.11.2008 20.07.1998 24.09.1998 22.05.2008 03.08.2011 25.09.2014
Sierra Leone 20.03.1967 29.06.1976 30.09.2004 30.09.2004 - 30.09.2004 30.09.2004 30.09.2004 30.09.2004 30.09.2004 30.09.2004 25.04.2001 29.06.2007 03.12.2008 12.08.2014
Togo 05.04.1971 10.11.1976 04.12.1995 04.12.1995 04.12.1995 04.12.1995 04.12.1995 - - - 23.04.1997 09.03.2000 03.10.2008 22.06.2012 08.10.2015
16 IMPLEMENTING IHL IN WEST AFRICA PARTICIPATION OF WEST AFRICAN STATES IN IHL TREATIES
3. Table: Main IHL treaty ratifications per country
Country GC I-IV 1949 AP I 1977 AP I Declaration AP II 1977 AP III 2005 Opt Prot. CRC 2000 CPED 2006 ICC Statute 1998 Hague Conv. 1954 Hague Prot. 1954 Hague Prot. 1999 ENMOD Kampala art. 90 Conv. 1976 Convention 2009 Benin 14.12.1961 28.05.1986 - 28.05.1986 - 21.01.2005 - 22.01.2002 17.04.2012 17.04.2012 17.04.2012 30.06.1986 28.02.2012
Burkina Faso 07.11.1961 20.10.1987 24.05.2004 20.10.1987 - 06.07.2007 03.12.2009 16.04.2004 18.12.1969 04.02.1987 - - 09.08.2012
Cabo Verde 11.05.1984 16.03.1995 16.03.1995 16.03.1995 - 10.05.2002 - 10.10.2011 - - - 03.10.1979 -
Cote d’Ivoire 28.12.1961 20.09.1989 - 20.09.1989 - 12.03.2012 20.02.2013 15.02.2013 24.01.1980 - - - 22.01.2014
Islamic Rep. of 20.10.1966 12.01.1989 - 12.01.1989 - - - 28.06.2002 - - - - 17.08.2011 Gambia
Ghana 02.08.1958 28.02.1978 - 28.02.1978 - 09.12.2014 - 20.12.1999 25.07.1960 25.07.1960 17.05.1999 22.06.1978 -
Guinea 11.07.1984 11.07.1984 20.12.1993 11.07.1984 - 08.04.2010 - 14.07.2003 20.09.1960 11.12.1961 - - -
Guinea Bissau 21.02.1974 21.10.1986 - 21.10.1986 - 24.09.2014 ------04.01.2012
Liberia 29.03.1954 30.06.1988 - 30.06.1988 - - - 22.09.2004 - - - - -
Mali 24.05.1965 08.02.1989 09.05.2003 08.02.1989 - 16.05.2002 01.07.2009 16.08.2000 18.05.1961 18.05.1961 15.11.2012 - 07.11.2012
Niger 21.04.1964 08.06.1979 - 08.06.1979 - 13.03.2012 24.07.2015 11.04.2002 06.12.1976 06.12.1976 16.06.2006 17.02.1993 10.05.2012
Nigeria 20.06.1961 10.10.1988 - 10.10.1988 - 25.09.2012 27.07.2009 27.09.2001 05.06.1961 05.06.1961 21.10.2005 - 17.04.2012
Senegal 18.05.1963 07.05.1985 - 07.05.1985 - 03.03.2004 11.12.2008 02.02.1999 17.06.1987 17.06.1987 - - -
Sierra Leone 10.06.1965 21.10.1986 - 21.10.1986 - 15.05.2002 - 15.09.2000 - - - - 15.07.2010
Togo 06.01.1962 21.06.1984 21.11.1991 21.06.1984 - 28.11.2005 21.07.2014 - - - - - 09.08.2011
Country Geneva Gas BWC 1972 CCW 1980 CCW Prot. I CCW Prot. II CCW Prot. III CCW Prot. IV CCW Prot. II a CCW a. 2001 CCW Prot. V CWC 1993 APMBC 1997 ECOWAS Conv. CCM 2008 ATT 2013 Prot. 1925 1980 1980 1980 1995 1996 2003 SALW 2006 Benin 09.12.1986 25.04.1975 27.03.1989 27.03.1989 - 27.03.1989 - - - - 14.05.1998 25.09.1998 - - -
Burkina Faso 03.03.1971 17.04.1991 26.11.2003 26.11.2003 26.11.2003 26.11.2003 26.11.2003 26.11.2003 26.11.2003 - 08.07.1997 16.09.1998 28.11.2007 16.02.2010 03.06.2014
Cabo Verde 15.10.1991 20.10.1977 16.09.1997 16.09.1997 16.09.1997 16.09.1997 16.09.1997 16.09.1997 - - 10.10.2003 14.05.2001 28.05.2008 19.10.2010 23.09.2016
Cote d’Ivoire 27.07.1970 - 25.05.2016 - 25.05.2016 - - - - 25.05.2016 18.12.1995 30.06.2000 20.02.2014 12.03.2012 26.02.2015
Islamic Rep. of 05.11.1966 21.11.1991 ------19.05.1998 23.09.2002 - - - Gambia
Ghana 03.05.1967 06.06.1975 ------09.07.1997 30.06.2000 05.03.2010 03.02.2011 22.12.2015
Guinea ------09.06.1997 08.10.1998 24.02.2012 21.10.2014 21.10.2014
Guinea Bissau 20.05.1989 20.08.1976 06.08.2008 06.08.2008 06.08.2008 06.08.2008 06.08.2008 06.08.2008 06.08.2008 06.08.2008 20.05.2008 22.05.2001 - 29.11.2010 -
Liberia 17.06.1927 - 16.09.2005 16.09.2005 16.09.2005 16.09.2005 16.09.2005 16.09.2005 16.09.2005 16.09.2005 23.02.2006 23.12.1999 13.08.2009 - 21.04.2015
Mali - 25.11.2002 24.10.2001 24.10.2001 24.10.2001 24.10.2001 24.10.2001 24.10.2001 - 24.10.2001 28.04.1997 02.06.1998 27.12.2007 30.06.2010 03.12.2013
Niger 05.04.1967 23.06.1972 10.11.1992 10.11.1992 10.11.1992 10.11.1992 18.09.2007 18.09.2007 18.09.2007 - 09.04.1997 23.03.1999 19.02.2007 02.06.2009 24.07.2015
Nigeria 15.10.1968 09.07.1973 ------20.05.1999 27.09.2001 27.10.2008 - 12.08.2013
Senegal 15.06.1977 26.03.1975 29.11.1999 29.11.1999 - - 29.11.1999 29.11.1999 - 06.11.2008 20.07.1998 24.09.1998 22.05.2008 03.08.2011 25.09.2014
Sierra Leone 20.03.1967 29.06.1976 30.09.2004 30.09.2004 - 30.09.2004 30.09.2004 30.09.2004 30.09.2004 30.09.2004 30.09.2004 25.04.2001 29.06.2007 03.12.2008 12.08.2014
Togo 05.04.1971 10.11.1976 04.12.1995 04.12.1995 04.12.1995 04.12.1995 04.12.1995 - - - 23.04.1997 09.03.2000 03.10.2008 22.06.2012 08.10.2015
17 IMPLEMENTING IHL IN WEST AFRICA PART III
PART III
18 IMPLEMENTING IHL IN WEST AFRICA NATIONAL IHL IMPLEMENTATION MEASURES IN WEST AFRICA
NATIONAL IHL IMPLEMENTATION MEASURES IN WEST AFRICA
Treaty ratification, although important, is only the first step 1. Legislative, regulatory, practical and public in the implementation process of IHL treaties. Following policy measures ratification, States Parties are obliged to take measures that are necessary to make the provisions of IHL treaties effective. Penal Repression It is essential to ensure that their provisions are not only known, but are also implemented nationally as soon as Benin possible. In this regard, States are required to take a variety of measures, ranging from legislative and regulatory action, to Legislation adopted administrative, practical and educational measures. • The Code of Penal Procedure n° 2012-15 of the Republic of Benin partially implements the Rome Statute of the Where they exist, National Committees on IHL, or the relevant International Criminal Court. See Title XIV of Book IV of the national bodies responsible for IHL implementation, have a Code on the cooperation with the International Criminal key role to play in ensuring that the State fulfils its obligation Court. of implementing IHL treaties. Burkina Faso Although the Geneva Conventions do not require the creation of National Committees on IHL, the ICRC encourages Legislation adopted States to set up a permanent committee as this represents • Act n° 052.2009 of 3 December 2009, determining the a commitment by government to ensure comprehensive jurisdiction and procedure for the Burkinabe courts’ implementation of IHL. The decision to create a National implementation of the Rome Statute of the International Committee on IHL is solely the prerogative of the government Criminal Court, which criminalizes serious violations of the concerned. As there is no standard format or structure for Geneva Conventions and their Additional Protocols. such committees, National Committees vary in composition, and in the way they work from country to country. • Act n° 043/96/ADP of 13 November 1996 Penal Code, crim- inalising crimes of genocide and crimes against humanity The ICRC works with National IHL Committees in many (Arts. 313 - 317). countries in West Africa and can provide additional technical support where requested. Draft legislation pending • Pre-draft bill on the amendment to the Penal Code is pending at the Ministry of Justice. The review of the Penal Code will include provisions on the punishment of violations of the provisions of the various IHL treaties ratified by Burkina Faso (Geneva Conventions of 1949 and their Additional Protocols of 1977).
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• Amendment to the Code of Penal Procedure is pending at Draft legislation pending the Ministry of Justice. • A Bill for the implementation of the Rome Statute of the In- ternational Criminal Court is pending at the Cabinet level. • Amendment to the Code of Military Justice is pending at the Directorate of Military Justice. Guinea
Cabo Verde Legislation adopted • The Constitution of 7 May 2010 prohibits torture and other Legislation adopted inhuman treatment (Art. 6). The article also provides that • The Penal Code of 18 November 2003 criminalises war no one can justify torture or other inhuman treatment crimes during international and non-international armed on the basis that they were ordered to do so, and that no conflict and crimes against humanity, and punishes these situation of emergency can justify human rights violations. crimes by 15 to 30 years of imprisonment. Art. 272 provides for a penalty ranging from 10 to 20 years of imprisonment • The Code of Military Justice n° 002/CTRN/2011 provides for those committing wilful killing, torture or inhuman for jurisdiction by military courts during armed conflict to treatment, among other conducts, against persons or prosecute offences committed by prisoners of war, viola- property protected by IHL during an armed conflict. Art. tions of laws regulating arms and ammunition, as well as 273 provides for a penalty ranging from 10 to 15 years of related offenses. Art 100 lists the offenses relating to viola- imprisonment for those using means and methods which tions of laws and customs of war and international conven- are expected to cause unnecessary suffering or which are tions. Arts. 148, 149 and 158 suppress stripping of the sick, otherwise prohibited. Art. 273 criminalises indiscriminate wounded, shipwrecked or dead in military operation areas attacks or or targeting civilians during an armed conflict or and looting committed by the military during the conduct occupation. of hostilities. The Code also provides for use of the distinc- tive signs and emblems to ensure respect for people, prop- Cote d’Ivoire erty and places protected by the Geneva Conventions.
Legislation adopted • The Penal Code n° 98/036/98 criminalises and punishes • Law n° 2015-134 of 9 March 2015 modifies and completes abuses of emblems protected by international conventions Law n° 81-640 of 31 July 1981 criminalising war crimes (Art. 579) and provides for the sanctions that can be (Art. 139), genocide (Art. 137), and crimes against human- decided by military tribunals (Art. 578). ity (Art.138 and 138-1). Art. 139-1, 139-2, 140-1 and 140-2 contain general provisions relating to the aforementioned Draft legislation pending crimes, article 473 criminalises misuse of the distinctive • A Bill to amend the Penal Code was adopted by the National emblems Assembly in July 2016 and is awaiting promulgation by the Head of State. The Bill criminalises violations of the • Act n° 2015-133 of 9 March 2015 modifies the Code of 1949 Geneva Conventions and their Additional Protocols Criminal Procedure to provide for no statute of limitation committed during international and non-international for genocide, crimes against humanity and war crimes (Art. 7). armed conflict (Arts. 192-199, 787-795) and all violations of war regulations and customs. It also provides sanctions Draft legislation pending for genocide and crimes against humanity, as well as for • A Bill to amend the Criminal Code is pending at the superior responsibility, imprescriptibility of these crimes Ministry of Justice. The draft bill namely takes into account and absence of immunity of Heads of State. This bill equally the crime of aggression (Art. 163-1 and 163-2) and that of contains offences relating to violations of the following violence against health care (Art. 175). treaties: • Convention on the Prohibition of the Production, Ghana Stockpiling and Use of Chemical Weapons and on their Destruction 1993 (Arts. 846 and 847); Legislation adopted • Convention on the Prohibition of the Use, Stockpiling, • Geneva Convention Act (Act 780) of 2009 criminalises Production, and Transfer of Anti-personal mines and on grave breaches found in the four Geneva Conventions of their Destruction 1998 (Arts. 850 and 851); 1949 and Additional Protocol I, with sentencing ranging • Convention on Cluster Munitions 2008 (Arts. 852, 853, from 14 years imprisonment to the death penalty. 854 and 855) ; and • ECOWAS Convention on Small Arms and Light Weapons and related material 2006 (Arts. 848 and 849).
20 IMPLEMENTING IHL IN WEST AFRICA NATIONAL IHL IMPLEMENTATION MEASURES IN WEST AFRICA
• The draft Code of Military Justice grants jurisdiction to the • Act n°2003-010 of 11 March 2003 on the Code of Military Military Tribunal to prosecute international crimes (war Justice (special National Gazette n° 6 of 5 May 2003) crimes, crimes against humanity and genocide) committed amended by Ordinance n 2010-94 of 23 December 2010 by military personnel, as well as other infractions in respect (National Gazette n° 5 of 1 March 2011) criminalises of the use of certain weapons (Arts. 22, 29, 30, 173, 223, 224 violations of IHL committed by defence and security forces and 225). (Arts. 321 and 322).
Liberia • Ordinance n° 2010-75 of 9 December 2010 on the status of military personnel of the armed forces, prohibits the Draft legislation pending recruitment of children below the age of 18 into the • The leadership of the Liberian National IHL Committee has defence and security forces. submitted a draft bill entitled the Geneva Conventions Act of 2014 to the Law Reform Commission for review Draft legislation pending and finalisation (and incorporation into the Penal Code • A Bill amending the Penal Code and Code of Penal of Liberia. The draft bill would thereafter be submitted to Procedure (2013) is pending. The Bill criminalises violations the Presidency for onwards submission to the national of IHL including all war crimes under the Rome Statute legislature for passage into law. committed during international and non-international armed conflict. The Bill also raises the minimum age for Mali recruitment into the Armed Forces and for participation in hostilities, from 15 to 18 years, in compliance with Niger’s Legislation adopted obligations under the Optional Protocol to the Convention • Bill n° 01-079 of 20 August 2001 on the Penal Code of Mali on the Rights of the Child on the Involvement of Children criminalises war crimes committed during international in Armed Conflict (2000). armed conflict (Art 31), crimes against humanity (Art. 29) and genocide (Art. 30). Article 32 provides for imprescriptibility Nigeria of these crimes. It should be noted however, that some of the Rome Statute provisions have not been integrated into Legislation adopted the Penal Code (for example, superior responsibility and • Geneva Conventions Act of 20 June 1960 domesticates war crimes committed during non-international armed the Four Geneva Conventions of 1949. This Act provides conflict). for the punishment of grave breaches of the 1949 Geneva Conventions and permits the President to provide by order • Bill n° 01-80 of 20 August 2001 on the Penal Procedure for the punishment of all other breaches. Code provides for extraterritorial jurisdiction in respect of crimes against humanity, genocide and war crimes (Arts. Draft legislation pending 22 and 24), but does not provide for universal jurisdiction. • The Federal Ministry of Justice is currently working towards re-submission of a bill to domesticate the Rome Statute of • Bill n° 95-042/AN-RM of 20 April 1995 on the Military Code the International Criminal Court to the National Assembly of Justice applies to military personnel. It provides for (previous draft bills have not been adopted). the organization and composition of military tribunals, penal military procedure, ad hoc military jurisdiction in Senegal peacetime and in time of war, military offences and the penalties applicable. The law criminalises pillage (Arts. Legislation adopted 133 and 134), robbery (Art. 143) and unlawful use of the • Act n° 2007-05 of 12 February 2007 amending the Code emblem and other distinctive signs (Art. 145). of Penal Procedure for the implementation of the Rome Statute of the International Criminal Court. Art. 667-1 Niger and following articles establish a mechanism of judicial cooperation with the International Criminal Court. Legislation adopted • Act n° 2003-025 of 13 June 2003 on the Penal Code and the • On 31 January 2007, the National Assembly of Senegal Code of Penal Procedure (Arts 208.3 and 208.4); and Special adopted the Law n° 06/2007 amending the Penal Code. The Official Gazette n° 4 of 7 April 2004 Section III Preliminary Law incorporates as offences in domestic law the crimes of Chapter, sub-sections I to IV (Art. 208.1-208.8), criminalise genocide, crimes against humanity and war crimes, as well genocide, crimes against humanity and war crimes, and as offences against the administration of justice of the ICC provide for the universal jurisdiction of Nigerien courts. (Art. 431-1 to 431-5).
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Draft Legislation pending menting the Rome Statute of the International Criminal • Reform Bill for the Code of Military Justice to criminalise Court, criminalises the use of asphyxiating, poisonous or pillage and abusive use of red cross and red crescent other gases and all analogous liquids, materials or devices emblem as war crimes. (Art. 19 Par 2 v).
Sierra Leone • Act n° 003-2006/AN of 14 March 2006 on the implemen- tation of the Convention on the Prohibition of the Legislation adopted Development, Production, Stockpiling and Use of • Geneva Conventions Act 2012 domesticates the four Chemical Weapons and on their Destruction. It establishes Geneva Conventions of 1949 and their Additional Protocols prohibitions and controls regarding the use of these of 1977. In particular, it criminalises and imposes sanctions weapons and related chemical agents. Art. 2 provides for for grave breaches as defined in the Geneva Conventions, the definition of chemical weapons; Art. 3 - 5 deal with as well as for other violations of the Conventions and their prohibition of activities relating to chemical weapons; Art. Additional Protocols. 7 - 10 provides for the authorisation needed for the use of prohibited substances. Togo • Decree n° 2000-147 of 20 April 2000 establishes a National Legislation adopted Authority for the implementation of the Convention on • The Penal Code n° 2015-010 of 24 November 2015 crimi- Chemical Weapons. nalises serious violations of international humanitarian law as war crimes (Arts. 145 to 148). The Code also criminalises • Decree n° 2005-565 of 22 November 2005 provides genocide and crimes against humanity. for ratification of the Agreement on the privileges and immunities of the Organisation for the Prohibition of Draft legislation pending Chemical Weapons. • Bill amending the Code of Penal Procedure. • Decree n° 2008-324 of 09 June 2008 amending Decree n° 2000-147 of 20 April 2000 establishes a National Weapons Implementation Agency for the Convention on Chemical Weapons. Benin • Decree n° 2008-472 of 28 July 2008 appointing a Coordina- Legislation adopted tor for the Technical Secretariat of the National Implemen- • Decree n° 99-023 of 22 January 1999, creates a National tation Agency for the Convention on Chemical Weapons. Authority for the implementation of the Convention on Chemical Weapons of 1993. • Decree n° 2001-180/PRES/PM/SECU of 2 May 2001 prohib- iting anti-personnel mines in Burkina Faso. • Decree n° 2000-106 of March 9, 2000 creates a National Commission against the Proliferation of Small Arms in • Decree n° 2001-167 of 25 April 2001 on the creation, Benin. The Commission was officially installed on 14 constitution, organisation and attributes of a National February 2003. Commission for the Control of Light Weapons Proliferation CNLPAL. Draft legislation pending • A Bill authorising the ratification of the Convention on • Decree n° 2001-168 of 25 April 2001 appoints the Chairman Cluster Munitions is under review at the Bills Commission of the CNLPAL. of the National Assembly. • Decree n° 2006-174 of 20 April 2006 on the constitution, Burkina Faso attributes, organisation and operations of the CNLPAL.
Legislation adopted • Decree n° 2008-219 of 22 May 2008 appointing Permanent • Ordinance n° 81-0001/PRES/CMRPN on Importation and Secretary of the CNLPAL. Fabrication of gunpowder, cartridge hunting weapons and war ammunitions in Haute Volta Republic. • Decree n° 2001-635 of 30 November 2001 amending decree n° 2001-005 of 24 January 2001 on the institution of • Act n° 052.2009 of 3 December 2009 determining the a High Authority for the Control of Weapons Importation Burkinabe courts’ jurisdiction and procedure for imple- and their Use (HACIAU) in Burkina Faso.
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• Decree n° 2002-008/PRES/PM of 30 May 2002 on the • Decree n° 2009-154 of 30 April 2009 on the creation, organisation and operation of the HACIAU. organisation, attributes and operations of the National Commission for the Control of Illicit Trade in Small Arms • Decree n° 2007-049/PRES/PM/DEF/MAECR/MFB 2007 on and Light Weapons (COMNAT-ALPC). the makeup, attributes, organisation and operation of the HACIAU. Modified by Decree 2012-1032/PRES/PM/MDNAC/ Draft legislation pending MAECR/MEF of 28 December 2012 which broadens the • Draft Bill on the regulation of weapons, intended to jointly competency of the HACIAU. implement the ECOWAS Convention on SALW and the ATT, is still pending before the National Commission on SALW. • Decree n° 2013-528/PRES/PM of 5 July 2013 on nomination of the Permanent Secretary of HACIAU. Ghana
• Decree n° 2015-809/PRES-TRANS/PM modifying Decree Draft legislation pending n° 2002-556/PRES of 27 November 2002 on delegation of • Draft Bill for the implementation of the 1993 Convention Signatures. on the prohibition of the development, production, stockpiling and use of chemical weapons and on their • Decree n° 2009-301/PRES/PM/SECU/MATD/MEF/DEF/MECV/ destruction. MJ/MCPEA of 8 May 2009 regulating civilian weapons and ammunition in Burkina Faso. • Draft Bill for the implementation of the Convention on Cluster Munitions. Draft legislation • Pre-draft bill on domestication of the Army Trade Treaty Others undertaken by the Permanent Secretariat of the HACIAU • There is no specific legislation creating the National Com- is being drafted by a multi-sectorial committee with legal mission on Small Arms but the Commission exists. and technical support from the European Union. Guinea • Pre-draft bill on arms regime to replace Decree undertaken by a multi-sectorial Committee. Legislation adopted • Act n° L/96/008 of 22 July 1996 on weapons, ammunition, • Protocol V to the CCW is in the process of being ratified after powder and explosives. The Act distinguishes between authorization by Transition National Council of June 2015. weapons considered war material and weapons that are not considered as war material. It sets the conditions for • Draft decree on arms, ammunitions, optical and other the acquisition and possession of certain weapons and related material of Defence and security forces reform ammunition and prohibits the development, manufac- initiated by HACIAU. ture, possession, stockpiling, acquisition and transfer of biological agents and toxins whatever their origin and the • Draft decree on civil arms regime in application of the mode of production, types and quantities not intended for Legislation on arms and ammunitions. prophylactic, production and other peaceful purposes. The production, possession and sale of explosives intended for Cote d’Ivoire military purposes are subject to authorisation.
Legislation adopted • Decree n° D/066/PRG/SGG of 18 August 2000, establishing • Act n° 2002-545 of 31 December 2002 authorizes the the National Commission for the Control of Illicit Trade President of the Republic to ratify the amended Protocol in and Proliferation of Small Arms and Light Weapons II of Convention on Prohibitions or Restrictions on the (National Commission on SALW). Use of the Certain Conventional Weapons. However, this step did not result in Côte d’Ivoire becoming a State Party • Decree n° D/2014/287/PRG/SGG of 21 August 2014 on the to the treaty as the process laid out in the treaty requires restructure of the National Commission on SALW. the ratification of the treaty, along with at least 2 of its five currently listed Protocols. Draft Legislation pending • Draft bill of Penal Code criminalises violations of the • Act n° 2007-524 of 16 July 2007 on the application of the ECOWAS Convention on SALW, the Convention on the 1993 Convention on the Prohibition of Chemical Weapons. Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction of 1993, the Convention on the Use, Stockpiling, Production
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and Transfer of Anti-personnel Mines and on their Destruction the ECOWAS Convention and International Standards”, to the of 1997, and the Cluster Munition Convention of 2008. Malian Authorities.
Guinea Bissau Niger
Legislation adopted Legislation adopted • Decree n° 5/2006 of 17 July 2006, establishing a National • Act 2004-044 of June 2004 implements the Convention Commission for the Control Small Arms and Light Weapons on the Prohibition of the Use, Stockpiling, Production and Proliferation. Transfer of Anti-personnel Mines and on their Destruction.
Others • Order n° 94-185/PRN of 28 November 1994 establishing a • There is a proposal for a Bill amending the SALW Act to National Commission for the Collection and Control of Illicit regulate their transfer in situation of armed conflict and Arms (CNCCAI). The National Commission was modified by prevent illegal trade and reduce their humanitarian effects orders n° 99-417/PCRN of 8 October 1999 and n° 2010-560/ on civilians. PCSRD of 22 July 2010 reorganising it and broadening its mandate to include humanitarian demining. Liberia Draft legislation pending Legislation adopted • A draft bill amending the Weapons Act is currently being • The Firearms and Ammunition Control Act of Liberia (2014) discussed at the National Commission on SALW. was approved by the National Legislature in May 2016 and sent to the President to be signed into law (handbill). Others • In 2016, a request for a 5 year extension of the delay to Draft legislation pending proceed to the destruction of anti-personnel mines in • The House of Representative of the National legislation has the territory of Niger pursuant to Art. 5 of the Ottawa approved ratification of the Cluster Munitions Convention Convention was accepted. and awaits concurrence of the Senate. Nigeria Mali Draft legislation pending Legislation adopted • The Firearms Bill 2014 amends the Firearms Act of 1959 in • Ordinance n° 07-021/P-RM of 18 July 2007 on the imple- order to jointly domesticate the ECOWAS Convention on mentation of the Chemical Weapons Convention. SALW and the ATT.
• Ordinance n° 00-049/P-RM of 27 September 2000 on the Senegal implementation of the Ottawa Convention and Decree n° 00-569/P-RM of 15 November 2000 laying down the Legislation adopted procedures for implementing the order. • The Penal Code criminalises infractions in respect of the 1980 Convention on Conventional Weapons as well as to its • Decree n° 96-304/PRM of 14 November 1996 establishing Protocols I, II and III in situations of armed conflict (Art. 431-5). the National Commission for the control of light weapons proliferation (CNLPAL). • The Criminal Code sanctions the use of certain categories of classical, incendiary weapons, non-Detectable fragments, • Decree n° 08-681/P-RM of 11 November 2008 to repeal decree use of mines, booby-traps and other devices in armed n° 96-304/PRM, stipulating the operational procedures, conflict (Art. 431-6). attributes, makeup, and organization of the CNLPAL. • Act n° 2006-36 of 16 October 2006 prohibiting the • Decree n° 09-543/P-RM of 8 October 2009 establishing the Production, Stockpiling, and Use of Chemical Weapons and composition of the CNLPAL. on their Destruction.
Draft legislation pending • Decree n° 2006-783 of 18 August 2006 establishing the Na- • Draft amendment to the Weapons Act (SALW/Firearms). tional Commission for the implementation of the Conven- In March 2015, CNPAL and UNREC officially submitted the tion on the Prohibition of the Use, Stockpiling, Production recommendations of the workshops on “The Harmonisation and Transfer of Anti-personnel Mines and on their Destruc- of Mali’s Legislation on Small Arms and Light Weapons with tion, signed in Ottawa on 5 December 1997.
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• Act n° 2005-12 of 3 August 2005 relating to the Prohibition (Arts. 560 to 562) as well as the use and development of clus- of Anti-personnel Mines. ter munitions (Arts. 576 to 579). Articles 554 to 559 partially implement the ECOWAS Convention on SALW of 2006, by • Decree n° 2006-784 of 18 August 2006 establishing the criminalising the illicit manufacture of and trafficking in fire- National Mine Action Centre in Senegal (CNAMS). arms, their parts, components and ammunition.
• Order n° 009543 of 20 October 2000 establishing the • 1 June 2009 Act provides for the establishment of a National Commission for the Control of Illicit Trade in and Commission to monitor the application of the Convention Proliferation of Small Arms and Light Weapons (following on the Prohibition of the Use, Stockpiling, Production and the 1998 ECOWAS moratorium). Transfer of Anti-Personnel Mines and on their Destruction of 1997. Draft legislation pending • Draft bill on the Weapons and Ammunition Act (2014). Draft legislation pending • Firearms and ammunitions bill. This draft bill aims at • Draft decree for the application of the Weapons and implementing different arms related treaties including the Ammunition Act (2014). Arms Trade Treaty of 2013 and the ECOWAS Convention on SALW of 2006. • Draft decree on the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. Protection of Emblems • Draft bill for the implementation of the Arms Trade Treaty, March 2016. Benin
Sierra Leone Legislation adopted • Law n° 2004-06 of 11 May 2004 concerning use and Draft legislation pending protection in the Republic of Benin of the name and • Draft bill on the 1993 Chemical Weapons Convention, emblem of the Red Cross and Red Crescent. prepared by the legal drafting department of the Attorney General’s Office, which seeks to domesticate the Chemical Burkina Faso Weapons Convention. Legislation adopted • Draft bill on the Convention on Cluster Munitions (2008), is • Law n° 059-2003/AN of 23 October 2003 concerning the being prepared by Attorney General’s legal drafting office, use and protection of the Red Cross emblem and Red which seeks to domesticate the Convention on Cluster Crescent in Burkina Faso. Munitions. • Decree n° 262 of 9 July 1962 recognising the National Togo Society of the Red Cross as a public interest organisation.
Legislation adopted Draft legislation pending • Decree n° 2001-098/PR of 19 March 2001 establishing a • Draft bill authorizing ratification of Additional Protocol III National Commission for the control of Illicit Trafficking, to the Geneva Conventions on the Red Crystal adopted by Trade in and Proliferation of Small Arms and Light Weapons. the Transition National Council in June 2015.
• The Penal Code adopted and entered into force in Novem- Cabo Verde ber 2015, criminalises the development, production, acqui- sition, stockpiling or conserving of chemical weapons, and Draft legislation pending the direct or indirect transfer of same (Arts. 563 to 565). The • Bill on the protection of the Red Cross and Red Crescent Cabinet, on 4 November 2015, decreed the establishment emblem (2014) provides a legal framework to punish abusive of the National Anti-Chemical Weapons Authority in Togo use of emblems in situation of armed conflict. (ANIAC). • Bill on the status of the Cabo Verdean Red Cross (2014), • The Penal Code establishes the use of non-conventional which seeks to integrate the national society as an auxiliary weapons, an offence in all types of armed conflict (Arts. 560 to Government. to 575) and criminalises the development, fabrication, stock- ing, acquisition or conservation of bacteriological weapons
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Cote d’Ivoire and military authorities on the use of the distinctive emblems in accordance with the Geneva Conventions and Legislation adopted their Additional Protocols. It also provides for the necessary • Decree n° 63-169 of 18 April 1963 recognising the public penal, administrative and disciplinary sanction in cases of service provided by the Ivoirian Red Cross. misuse.
Draft legislation pending Mali • Draft Bill on use and protection of the emblem pending at the Ministry of Justice (2003). Among others, this draft bill Legislation adopted defines conditions of indicative and protective use of the • Act n° 09-018 of 26 June 2009 regarding the use and emblem and provides sanctions for misuse of the emblem protection of the emblem and name of the Red Cross and and perfidy. Red Crescent in Mali. However there is not yet a decree for its application. Ghana • Decree n° 123 of 13 September 1965 recognising the Legislation adopted Malian Red Cross as a public interest organisation. • Red Cross Emblem (Control) Act, 1973, NRCD 216 regulates the use of the Red Cross emblem and provides penalty for • Decree n° 6 of 17 January 1966 amending Decree 123 and its misuse. recognising the Malian Red Cross as a voluntary aid society, assisting the public authorities and public service. • Ghana Red Cross Society Act 1958 makes provision for the status and constitution of the Ghana Red Cross Society. Niger
Guinea Legislation adopted • Decree n° 415/MI/DAPA of 7 September 1965, amended Legislation adopted by the Decree n° 25/MI/AT/DAPJ/SA of 2 February 2000, • Act n° L95/010/CTRN /95 of 9 May 1995 on the use and authorises the Nigerien Red Cross to act as auxiliary to the protection of the Guinean Red Cross emblem and name. public authorities in the humanitarian field and to carry Arts. 10 and 11 punish abuses of the Red Cross emblem out its operations in the territory of Niger. during peace time and armed conflict. • Act n° 2006-19 of 21 June 2006 on the conditions of use of • Ordinance n° 006/PRG/86 of 15 January 1986 establishing the emblem of the Red Cross and Red Crescent provides for the Guinean Red Cross. The Ordinance creates the Guine- sanctions for misuse of the emblem and perfidy. an Red Cross based on the Geneva Conventions with the objective of preventing, mitigating and alleviating the suf- Nigeria fering of people in all neutrality and impartiality, without discrimination as to nationality, race, sex, class, religion Legislation adopted or political opinion. It recognises the Guinean Red Cross • Nigerian Red Cross Society Act, 1 January 1961, Section as a voluntary relief society, autonomous and auxiliary to 8 of the Act provides for conditions of use of the emblem public authorities that can carry out its activities through- of the Red Cross and Red Crescent. This Act also provides out the national territory. sanctions for abusive use of the emblem and perfidy.
Guinea Bissau Draft legislation pending • A draft bill to repeal the Geneva Conventions Act and to Draft legislation pending enact the Geneva Conventions and Additional Protocols • Draft bill on the protection of the Red Cross emblem bill to give effect to certain international conventions done (2013) protecting Red Cross and Red Crescent emblem in Geneva and other related matters of 2013. Section 12 and providing a legal framework to punish abusive use of of the bill provides stronger sanctions on the abuse of the emblems in situations of armed conflict. emblem.
Liberia Senegal
Legislation adopted Legislation adopted • Liberia National Red Cross Society (LNRCS) reaffirmation • Decree n° 63.055 of 29 January 1963 and Decree n° 63.597 Act, August 21, 2008, gives instruction to national civilian of 11 September 1963, on the recognition of the National
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Society recognising the Senegalese national society and its Senegal auxiliary role to government. Legislation adopted • Law relating to the use and protection of the Red Cross and • The Penal Code, July 1965 (as amended by Law n° 06/2007, Red Crescent emblem, 20 July 2005. Art. 2 provides for regu- 31 January 2007) criminalises violations of the 1954 Hague lations on both the protective and indicative use of these em- Convention on the Protection of Cultural Property in times blems. According to art 8, the Senegalese State is in charge of of Armed Conflict and of its 1954 Protocol I (Art. 431-5). monitoring and supervising the lawful use of the emblems. Penalties for their misuse are provided by Arts. 8 to 12. Togo
• Law n° 2005-19 of 5 August 2005 on the protection of the Draft Legislation pending Red Cross and Red Crescent emblem which limits its legal • Draft bill authorising Togo to ratify 1954 Hague Convention use to the components of the Movement, military health on the Protection of Cultural Properties in armed conflicts service and, in times of armed conflict, to civilian hospitals. and its two protocols. This draft bill was adopted by the It also provides for sanctions in case of abuse of the em- Parliament on 18 October 2016. blem and perfidy.
Sierra Leone Participation of children in armed conflict
Legislation adopted Burkina Faso • Sierra Leone Red Cross Society Act of 3 December 2012 replaces the Sierra Leone Red Cross Society Act of 14 May Legislation adopted 1962. The Act provides a description of the Society’s role • Act n° 052.2009 of 31 December 2009 determining the Bur- and activities and further protects the Red Cross emblem kinabe courts’ jurisdiction and procedure for implement- against misuse. It enhances the Sierra Leone Red Cross ing the Rome Statute of the International Criminal Court, Society’s financial independence through exempting it defines as war crime the enrolment or conscription of chil- from taxes and obliging the Government to support the dren below 18 years in the armed forces or armed groups, National Society through subventions. or the act of making them participate actively in hostilities.
Togo Guinea
Legislation adopted Legislation adopted • Law n° 99-010 on the protection and use of the Red Cross • The Children’s Code of Guinea (Bill n° L2008/011/AN) of 19 and Red Crescent emblems in Togo, 28 December 1999. August 2008 sets the minimum age for recruitment into The law identifies and defines the emblems recognized armed forces or armed groups as 18 years, and prohibits and protected by the Geneva Conventions, establishes the the use of children under 18 in armed conflict (Art. 429). The national authority to regulate the use of the emblems, stip- Act also prohibits rape, sexual slavery, forced prostitution, ulates which entities are allowed to employ the emblems forced pregnancy, forced sterilisation and all other forms of and specifies the uses for which permission may be given. violence committed against persons under the age of 18. It also provides for the punishment of any misuse of the Arts. 429-439 provide for general protection of children in emblems, in wartime as in peacetime, and expressly refers armed conflict, protection of displaced children, refugees to and sanctions perfidy. and separated children. Under the law, children benefit from all of the protections provided under international humanitarian law. Protection of Cultural Property Mali Niger Legislation adopted Legislation adopted • Penal Code Act n° 01-079 of 20 August 2001, criminalises • Act n° 97-002 of 30 June 1997 regarding the protection, the act of conscripting or enrolling children below 15 years conservation and promotion of the national cultural her- into the national armed forces or making them actively itage and its implementing Decree n° 97-407/PRN/MCC/ participate in hostilities as war crime, but solely in times of MESRT/IA of 10 November 1997. Section VI of this legis- international armed conflict (Art. 31(i) par.26). lation relates to the protection of cultural property in the event of armed conflict.
27 IMPLEMENTING IHL IN WEST AFRICA PART III
• Ordinance n° 02-062/P-RM of 5 June 2002 on the Child Regional Treaties Protection Code stipulates that children benefit from all protections of IHL conventions to which Mali is party and Liberia prohibits making children under 18 years participate in armed conflict or conscripting them into the armed forces Draft legislation pending or an armed group (Art. 17). • A draft Bill to ratify the African Union Convention for the Protection and Assistance of Internally Displaced Persons Niger in Africa (Kampala Convention) has been submitted to the National Legislature and is in the Judiciary Committee Legislation adopted room for review. This will be followed by plenary’s (highest • Ordinance n° 2010-75 of 9 December 2010 on the status decision making body of the Parliament) approval or of military personnel of the armed forces, prohibits the rejection. recruitment of children below 18 years into the defence and security forces. Mali
Nigeria Draft legislation pending • Establishment of a Technical Committee on the domestica- Legislation Adopted tion of the Kampala Convention by Decision n° 2016-0109/ • The Child Rights Act 16 July 2003. Section 34(1) provides MSAHRN (Ministry of Solidarity, Humanitarian Action and that no child shall be recruited into any of the branches of National Reconciliation) of 26 April 2016 which among oth- the armed forces of Nigeria. Section 34(2) provides that the ers has to: Government or any other relevant agency or body shall • Elaborate, adopt and implement a plan of action for ensure that no child is directly involved in any military domestication of the Convention; operation or hostilities. So far 25 States of the Federation • Propose measures to harmonise the national legislation have adopted the Act into State Legislation. with the Convention.
Togo Nigeria
Legislation adopted Draft legislation pending • The Penal Code of November 2015 prohibits the use of • In April 2016, a Draft Bill to implement the African Union children below 18 years in the armed forces or armed Convention for the Protection and Assistance of Internally groups, both in international and non-international armed Displaced Persons in Africa (Kampala Convention) and conflicts (Art. 146 al. 14). for Related Matters was introduced before the National Assembly. In July 2016, the Bill passed the second reading Senegal in the House of Representatives.
Draft legislation pending • Draft bill on the Child Code prohibits the enrolment of children in armed conflict. The official age for conscription is 20 years old.
Sierra Leone
Legislation adopted • The Child Rights Act, 3 September 2007 (published in Supplement to the Sierra Leone Gazette Extraordinary Vol. CXXXVIII, No. 43 dated 3 September 2007). Art. 28 states that every child has the right to be protected from involvement in armed or any kind of conflicts, it establishes minimum age for recruitment into the armed forces at 18. It also states that the Government shall not use or permit the use of land mines and other weapons declared by international instrument to be adverse to children.
28 IMPLEMENTING IHL IN WEST AFRICA NATIONAL IHL IMPLEMENTATION MEASURES IN WEST AFRICA
2. Integrating IHL into the Armed Forces • Decree n° D 293/PRG/SGG/ 2012 on Military Discipline Regulation provides, among others, that military personnel Burkina Faso are obliged to respect human dignity, as well as basic IHL principles such as the principle of distinction between Draft legislation pending civilians and combatants, the treatment of wounded and • The Code of Military Justice is under review. Subject to ver- sick, the protection of hospital as well as of prisoners of war ification in the final draft, the military court in Burkina Faso (Art. 12). has jurisdiction to try offenses committed by prisoners of war and violations of the law on weapons and ammunition. • The Code of Military Justice n° 002/CTRN/2011 provides for jurisdiction by military courts during armed conflict Cote d’Ivoire to prosecute offences committed by prisoners of war, violations of laws regulating arms and ammunition, as Legislation adopted well as related offenses. Art. 100 lists the offenses relating • Instruction n° 476/MEMDP/DIRDEF/SD-RI by Defence Min- to violations of laws and customs of war and international ister in March 2002 inviting the Chief of Army Staff to pro- conventions. Arts. 148, 149 and 158 suppress stripping the ceed with integration of IHL into the training program. This sick, wounded, shipwrecked or dead in military operation instruction was followed by the Chief of Staff that same year. areas and looting committed by the military during the conduct of hostilities. The Code also provides for use of the Ghana distinctive signs and emblems to ensure respect for people, property and places protected by the Geneva Conventions. Programs • IHL is part of the curriculum for the training of the Ghana • Decree n° D/2011/289/PRG/SGG of 28 November 2011 Armed Forces. on Code of Conduct of Defence Forces provides for the obligation for the forces to receive training in IHL (Art.5), • IHL is an integral part of the Operational Orders of the the obligation to respect IHL within their operational fields Ghana Armed Forces. (Art. 6) and individual criminal responsibility in case of IHL violations (Art. 7). • Armed Forces’ personnel undergo routine training based on IHL. • Defence General Disciplinary Regulation (2012 edition), subject to Decree n° D/293/PRG/SGG/2012 provides for • IHL workshops and seminar are organized for the person- the duties and responsibilities of military combatants and nel of the Ghana Armed Forces before they are sent on treatment of prisoners of war, including the obligation to Peacekeeping Missions. respect the dignity of the defeated enemy, to distinguish between combatants and non-combatants, to protect Guinea persons who are hors de combat, to care for the sick and injured survivors, to respect civilian objects and Legislation adopted humanitarian personnel (Arts. 12-14). The Regulation also • Decree n° D/94/173/PRG/SGG appoints the Director for prohibits involvement of military personnel in the conduct the IHL Office and Art. 5 states that the Office shall be of hostilities which are in violation of the principles of IHL, responsible for coordination of activities contributing to and authorises military personnel to take prisoners of war. preserving the physical, moral, social and cultural integrity of civilians and military in accordance with the Geneva Draft Legislation pending Conventions and the Hague Conventions. The Office is also • Draft Revised Military Code of Justice, adopted by Council responsible for promoting teaching and training of citizens of Minister on 7 April 2016 and to be submitted to the in order to safeguard property and people in natural National Assembly. This Revised Military Code further disasters and armed conflict. develops competencies of military tribunals and creates, among other, a special military chamber at the Conakry • Order n° 007/PRG/MDN/CAB applying Decree n° D/94/172/ Court of Appeals. PRG/SGG of 5 November 1994. This Order establishes, among others, the mandate of the Office for the coordina- Others tion of IHL and the laws of war. • Memorandum n° 072 of 13 June 2005 on resuming instructions on IHL for the Armed Forces. • Memorandum n° 0365/PRG/MDN/EMGA/99 of 24 March 1999 providing instruction on the laws of war in military schools and instruction centres.
29 IMPLEMENTING IHL IN WEST AFRICA PART III
Liberia teaching IHL in training centers and schools of the armed and security forces of Mali. Legislation adopted • National Defence Act of 2008 amends the National Defence • Creation of an IHL and peacekeeping operation division and Law of 1956, the Coast Guard Act of 1959 and Liberia Navy an IHL section within the Defence General Chief of Staff. Act of 1986. It incorporates the law of armed conflict and respect for human rights law. • Dissemination and training sessions at instruction centres and military schools are regularly co-organized by the ICRC Draft legislation pending and the Defence General Chief for ranking officers, non- • The Draft Uniform Code of Military Justice for the Armed commissioned and commissioned officers. forces of Liberia has been submitted to the National Legislature for approval. It prohibits, among other, looting • A dissemination and training programme on IHL and and pillaging (Art. 103); waste, spoilage, or destruction of the protection of women and children is financed by civilian property. (Art. 109); murder (Art. 118); rape and UN-Women and executed by the IHL section of Defence sexual assault/violence (Art. 120); arson, maiming, assault General Chief. (Arts. 124, 126, 128). Niger Others • Armed Forces of Liberia Law of Armed Conflict Training Legislation adopted Manual, n° AFL-FM-15-5 (published in 2015) covers appli- • Joint Order n° 76/MDN/MI/SP/D/AR of 27 July 2012 on cation of IHL in military operations and internal security integrating IHL or armed conflict law in the curricula of operations. Defence and Security Forces.
Mali Programs • Handbook of IHL for Defence and Security Forces of Niger Legislation adopted was validated by the Ministry of Defence on 28 October • Code of Military Justice, Act n° 95-042/AN-RM of 20 April 2014 and officially launched on 24 March 2015. Through 1995 criminalises acts of looting (Arts. 133 and 134), this manual, instructors in the training centers have unlawful use of the emblem and other distinctive signs adequate educational support to teach IHL. (Art. 145). • IHL is taught and subject to evaluation during the initial • Directive n° 653/CEMGA/S-CEM/OPS/D.OMP-DIH of 24 and continuous trainings at the Military School of Nigerien August 2010 on integrating IHL into military training and Armed Forces officers in Niamey (EFOFAN), at Agadez operational procedures. This Directive makes the teaching School of under-officers (ENSOA) and at the School of of IHL mandatory for training programmes of the defence National Gendarmerie. and security forces. • ICRC is invited to provide IHL dissemination session to • The Code of Conduct of Defence and Security Forces operational units of the Niger Armed Forces in Tillabery, provides that defence and security forces are bound by Agadez and Diffa. a number of important IHL and IHRL rules, including the obligation to respect, protect and aid the civilian • IHL dissemination session are also provided by the population (Art. 7), not provoking or participating in acts United Nations to the Nigerien armed and security forces of looting (Art. 13), non-recourse to the use of force and contingents to be deployed abroad as part of peacekeeping firearms to disperse illegal but non-violent gatherings mission. (Art. 22), no right to harm the life and physical integrity of persons (Art. 25), respect for basic judicial guarantees Nigeria (Art. 26), prohibition of murder, inhumane and degrading treatments (Art. 30), protection of surrendered persons Programs (Art. 31), and prohibition of acts of perfidy (Art. 32). • The Defence Headquarters, in collaboration with the ICRC, regularly organises dissemination sessions for members of Programs the armed forces on IHL and humanitarian principles. • In 2016, the Defence and Veterans Ministry issued a Manual of military instruction on the laws of armed conflict for • The Defence Headquarters annually invites the ICRC to the Armed forces and Security Forces of Mali that was conduct a Training of Trainers on IHL for instructors drawn produced with the support of ICRC. This manual is a tool for from various military institutions.
30 IMPLEMENTING IHL IN WEST AFRICA NATIONAL IHL IMPLEMENTATION MEASURES IN WEST AFRICA
• The Defence and Services Headquarters regularly organise 3. Integration and Dissemination of workshops and seminars on IHL to which the ICRC participates. International Human Rights Law and • The Armed Forces Unit and Formations, in collaboration Relevant Humanitarian Principles in with the ICRC, train selected officers and soldiers on IHL Police and Security Forces and humanitarian principles, who in turn train other troops as part of the unit formation training programmes. Ghana
Senegal Programs • IHL training courses for Police personnel are organised on Legislation adopted an ad hoc basis. • Military Code of Justice Law n° 94-44, 27 May 1994, estab- lishes jurisdiction of military courts and provides for sanc- Guinea tions for crimes committed by military and paramilitary personnel before and during armed conflict. In addition Legislation adopted to specific military infractions established by the Military • Order n° 822S/CAB/2004/DRH establishing a Human Rights Code, such as misuse of the emblem and pillage, military and IHL Bureau within the Ministry of Defence. personnel are subject to the Penal Code. • Order n° 11863/MIS/DNSP/DPFP/93 of 15 December 1993, • Decree n° 90-1159 PR/MFA of 12 October 1990, amended appointing a Director of IHL education within the Security by Decree n° 2003-696/PR/MFA of 23 September 2003 and Services. by n° Decree 2013-1367/PR/MFA of 21 October 2013 on the General Disciplinary Regulation of the Armed Forces • Order n° 821S/CAB/2004/DRH, creating an IHL and Human which focuses on the need to protect the lives and dignity Rights Office responsible for promoting and coordinating of persons affected by armed conflict (Art. 34). IHL and human rights teaching within Security Services, as well as dissemination regarding the principles of the Red Draft legislation pending Cross and Red Crescent Movement. In addition, the Office • Draft Code of Military Justice 2013, which provides for the is tasked with offering an advisory service for questions creation of new and decentralised military courts. within its competence, and to work on implementation of IHL and human rights within the Security Services. Togo • Law n° 2015/009/AN of 4 June 2015 on Public Order Law Legislation adopted Enforcement concerning the maintenance of public order • The Code of Military Justice, adopted by the Parliament in the Republic of Guinea. This law aims to establish a bal- on 7 April 2016, criminalises serious violations of IHL and ance between the enjoyment of rights and freedoms and Human Rights Law committed by military personnel in the respect for public order. It also authorises security forces line of duty. to use force and firearms in accordance with the law and proportionally to the threat faced.
• Decree n° D/98/15/PRG/SGG of 11 August 1998 on National Police Code of Ethics. This decree applies to police officers and the Republican Guard and requires the Police to fulfil its mission in strict observance of the Universal Declaration of Human Rights, the Constitution and international con- ventions and laws. It also lists the general duties of police officers and sets out the obligation for these forces to obey and to report to their command.
Draft Legislation pending • Draft revised National Police Code of Ethics which relates to respect for human rights by the police.
Programs • Dissemination sessions are jointly organised by the Human Rights Bureau of the Ministry of Internal Affairs and the
31 IMPLEMENTING IHL IN WEST AFRICA PART III © ICRC
Group photo: Workshop on integration of IHL, IHRL in training and operations of the ECOWAS Standby Force (ESF) - October 2016. Abuja, Nigeria.
ICRC in police academies and units, on respect for human Niger rights during the course of law enforcement operations, arrests and detention, and is designed for law enforcement Programs officers. • In 2016, the Police and Gendarmerie of Niger, with support of the ICRC, organised two workshops, in Niamey (Febru- Mali ary) and Maradi (August) on the respect of international standards in law enforcement operations, specifically on Legislation adopted use of force and firearms during arrest, police custody and • The Code of Conduct of Mali’s defence and security forces public order management. stipulates that the defence and security forces must receive appropriate training in IHL and Human Rights (Art. 21). Nigeria
Programs Programs • Dissemination and training sessions on IHRL and • Following a Memorandum of Understanding signed humanitarian principles at military academies and centres in early 2016, dissemination sessions are jointly and of instruction are jointly organised on a regular basis by the regularly organised by the Nigeria Police Force and the ICRC and the General Chief of Defence, for ranking officers, ICRC Delegation in police training facilities and units, on non-commissioned and commissioned officers. best practices for the respect of international rules and standards for policing. • Dissemination and training programme on IHL and the protection of women and children is financed by UN- • The Nigeria Police Force is in the process of reviewing its Women and executed by the IHL division of General Chief Force Order 237 on the use of force and firearms, with of Defence. support from Swiss Government, UNODC and the ICRC.
32 IMPLEMENTING IHL IN WEST AFRICA NATIONAL IHL IMPLEMENTATION MEASURES IN WEST AFRICA
• In 2016, the Nigeria Police Force developed the Nigeria Po- Mali lice Human Rights Trainers’ Guide for Police Staff College, Mobile Police Colleges, Department of Peacekeeping Op- • The integration of IHL in Mali’s University of Legal and erations and Police Colleges. Economic Sciences (public university), as a minor course unit, dates back to the 1996-1997 academic year. Today, • The Nigeria Police Force organises periodic training semi- IHL is part of the program at Licence level at the Public nars on Human Rights for Police Instructors. Law Faculty. IHL is also taught in private institutes of legal studies such as the Institute of Political Sciences and Senegal International Relations (ISPRIC), Ahmed Baba University at Licence or Masters level. Total IHL hours across universities Legislation adopted ranges from 20 and 25 hours. • Military Code of Justice Law n° 94-44, 27 May 1994 provides for the repression of various crimes against military honour Niger like pillage committed by military and paramilitary forces before and during armed conflicts. • IHL is part of the curriculum of the Law Faculties at Niamey and Tahoua Universities. In Niamey, IHL is also taught to Licence students studying Public Law option. 4. Integrating IHL into Academic Teaching • IHL and penal repression of IHL violations is taught at the Burkina Faso Public Administration and Judiciary School, with support from the ICRC. • Public Administration and Judiciary School Curricula is being revised to integrate, among others, human rights • IHL is taught in some private professional schools in and (possibly) IHL as part of integrating human rights into Niamey, such as the Complexe ELITE. public education system program. Nigeria Ghana • IHL is taught at undergraduate, masters and doctorate • IHL is studied as an elective course in the School of Law of levels in the following Nigerian universities, with support the University of Ghana, Legon-Accra. from the ICRC : Obafemi Awolowo University, Ahmadu Bello University, Abia State University, Usmanu Danfodio Gambia University, Bayero University, University of Uyo, Rivers State University of Science & Technology, University of Ibadan, • IHL is taught at the Banjul Law Faculty. University of Maiduguri, Lagos State University, University of Lagos, University of Jos, University of Abuja, Benson Guinea Idahosa University, University of Benin, Nasarawa State University, University of Nigeria, Afe Babalola University, • IHL is taught in all Law Faculties of the Universities Ambrose Alli University, University of Calabar, Niger-Delta of Conakry and the country’s interior, in line with the University, Delta State University and Babcock University. training programme developed by the Ministry for Higher Education as part of the Licence, Masters and Doctorate Senegal system in force. • IHL is taught at master degree level in 3 public academic Liberia establishments (Université Cheikh Anta Diop of Dakar (40 hours), Université Gaston Berger of Saint Louis, and • IHL is taught at the Cuttington University. Institut des Droits de l’Homme et de la Paix) and in private universities (Université du Sahel and Université Amadou • The Ministry of National Defense in collaboration with the Hampâté Ba). Ministry of Education is planning to draft a Reserved Officer training Course (ROTC) to be used at Universities and high schools. It will contain the sections on the Red Cross and basic information on IHL.
33 IMPLEMENTING IHL IN WEST AFRICA PART IV
PART IV
34 IMPLEMENTING IHL IN WEST AFRICA NATIONAL COMMITTEES ON IHL
NATIONAL COMMITTEES ON IHL
1. Existing National Committees on IHL and dates of creation
Country Full Name of Committee Date of Enabling law creation
Benin National Commission for the Implementation 1998 Decree n° 98-155 of 27 April 1998. Adoption in 21 November of International Humanitarian Law (Commission nationale 2015 of a draft decree modifying Decree n° 98-155. pour la mise en œuvre du droit international humanitaire)
Burkina Faso Interministerial Committee for Human Rights and 2005 Decree n° 2005-100/PRES/PM/MPDH of 23 February 2005, International Humanitarian Law (Comité interministériel amended and finalized by Decree n° 2008-740/PRES/PM/ des droits humains et du droit international humanitaire) MPDH of 17 November 2008 ; Decree n° 2013-1335/PRES/ PM/MDHPC/MEF of 31 December 2013 on the Committee’s operations; Decree n° 2014-160/PRES/PM/MDHPC/MEF on the Committee’s permanent secretariat.
Cabo Verde National Commission for Human Rights and Citizenship 2004 Decree n° 38/2004 of 11 October 2004. (Comissão Nacional para os Direitos Humanos e a Cidadania) (CNDHC)
Cote d’Ivoire National Interministerial Commission for the 1996 Decree n° 96-853 of 25 October 1996. Implementation of International Humanitarian Law (Commission interministérielle nationale pour la mise en œuvre du droit international humanitaire)
Islamic Republic Interministerial Committee on International 1999 12 August 1999 letter from the Presidency to the Department of Gambia Humanitarian Law of State for Justice.
Ghana Ghana National Committee on Humanitarian Law 2016 Creation of the Committee approved by Minister of Justice & Attorney-General in 2016.
Guinea Bissau National Commission for Human Rights and IHL Technical 2009 Decree n° 6/2009 of 2009. Group (Comissão Nacional para os Direitos Humanos)
Liberia Liberia International Humanitarian Law Committee 2013 August 2012 MoU between the Ministry of Justice and the Ministry of Foreign Affairs. >>
35 IMPLEMENTING IHL IN WEST AFRICA PART IV
Country Full Name of Committee Date of Enabling law creation
Nigeria National Committee for the Implementation of 2010 Inaugurated on 23 July 2010 by the Attorney-General of the International Humanitarian Law Treaty in Nigeria Federation and Minister for Justice.
Sierra Leone National Committee for the Implementation of 2011 Approved by the Cabinet on 12 October 2011. Officially International Humanitarian Law Treaty inaugurated on 30 April 2012, at a ceremony in Parliament, by the Chief Justice and the Minister for Justice.
Togo Interdepartmental Commission on implementation of Inter- 1997 Inter-ministerial order n° 97-031 of 11 June 1997 ; order national Humanitarian Law (Commission interministérielle n° 034/MJRIR/CAB/SG of 6 December 2013 appointing de mise en œuvre du droit international humanitaire) members of the Commission.
Total 11
2. Other institutions/agencies responsible for the implementation of IHL
Country Full name of agency/institution Date of Enabling law creation
Guinea Unit on IHL domestication 2013 No official establishment, but the unit is functioning since 2013.
Senegal National Consultative Council on Human Rights 2004 Presidential Order n°5691 of 6 July 2004.
Total 2
Group picture 12th ICRC-ECOWAS Annual Review Meeting on Implementation of IHL - June 2015. Abuja, Nigeria. ©ICRC
36 IMPLEMENTING IHL IN WEST AFRICA NATIONAL COMMITTEES ON IHL © ICRC
Training of Trainers (ToT) Seminar for Gendarmerie on the International Law of Human Rights in Sonfonia Gendarmerie School - September 2015. Conakry, Guinea.
37 IMPLEMENTING IHL IN WEST AFRICA PART V
PART V
38 IMPLEMENTING IHL IN WEST AFRICA ACTIVITIES CARRIED OUT BY THE ICRC IN THE ECOWAS MEMBER STATES
ACTIVITIES CARRIED OUT BY THE ICRC IN THE ECOWAS MEMBER STATES
As the guardian of IHL, a core function of the ICRC’s mandate 1. Promotion and Implementation of IHL is to promote respect for IHL treaties and customary IHL, Treaties including actions aimed at encouraging familiarity with, understanding of and respect for IHL rules and their spirit. Although the promotion and implementation of IHL is the primary responsibility of States, the ICRC has always encour- In West Africa, this is carried out, among others, through aged its effective implementation and provided support and providing technical support on national implementation of assistance to States as needed. The ICRC assists States to fulfil treaties, supporting the academic community to teach IHL in their obligations and pursues active dialogue with national universities, working with the military to integrate IHL (and authorities to promote the ratification of and accession to IHL IHRL where relevant) into military doctrine, training and treaties, as well as their domestic implementation. The ICRC operations, and working with the police to integrate IHRL also encourages governments to establish an inter-ministeri- and humanitarian principles into police doctrine, training al committee (also known as a National IHL Committee) spe- and operations. cifically entrusted with the national implementation of IHL.
Implementation of IHL, which is the obligation of States, ICRC’s implementation activities which aim at fostering com- consists, among others, of incorporating IHL into domestic pliance with IHL include promotion of IHL treaties among law, for cases when international law is not directly applicable, relevant authorities, by making representations to govern- and setting out criminal sanctions for IHL violations. The ments, provision of IHL training, organising expert seminars integration of IHL aims to create mechanisms and propose and contributing to capacity-building efforts. The ICRC is also practical measures to ensure that it is included in the doctrine, involved in drafting technical documents and guidelines to training and operations of armed forces and security forces. support national implementation efforts. The ICRC also sup- Since awareness of the law does not automatically lead to ports technical assessments on the compatibility of national a change in behaviour and attitudes, practical guidelines legislation with IHL. and training must be given in order to ensure that the law is respected in practice. Finally, dissemination of IHL to Additionally, in September 2016, the ICRC organised an particular audiences aims to increase awareness of IHL and expert consultation on the role of the judiciary in ensuring ensure that it is taught to certain components of civil society, respect for IHL for French speaking African countries and to such as youth and academic circles. which members of the judiciary from several Member States took part (Benin, Burkina Faso, Cote d’Ivoire, Guinea, Mali, Niger, Senegal, and Togo). At the national level, the ICRC also convened a training and workshop for judges in Guinea, on new offenses in the Guinea Penal Code which relate to breaches of IHL.
39 IMPLEMENTING IHL IN WEST AFRICA PART V
In 2015-2016, the ICRC has also organised: IHL implementa- representatives from the Troop Contributing Countries, the tion awareness sessions for members of parliaments in Chad, ESF Task Force and the ECOWAS Commission Department of Guinea and Mali; legal drafting workshops for Parliamen- Peacekeeping and Regional Security. tarians and relevant Government Ministries in Senegal and Nigeria; as well as a training on IHL implementation and func- tioning of IHL national committees for the National Commis- 3. Promotion of IHL in Academic Circles sion on Human Rights and Citizenship in Cabo Verde. The ICRC provides support for the teaching of IHL and related Finally, the ICRC held in April 2016 an IHL course for pro- activities in universities within the region. It is committed fessional humanitarians in Senegal. This course gathered to encouraging the integration of IHL into the curricula of around 20 professionals from various countries working in universities. When that is not feasible, or when IHL is in fact humanitarian field (NGO, UN and national societies) already established in university curricula, the ICRC proposes a more ad hoc and event-focused type of collaboration to ensure that IHL remains high on relevant university agenda. 2. Integrating IHL in the Armed Forces and Integration and Dissemination of Inter- Annually, several university professors are sponsored to at- national Human Rights Law and relevant tend various IHL courses organised by the ICRC in Geneva, Humanitarian Principles in Police and Switzerland and Pretoria, South Africa. Also, on a bi-annual basis, the ICRC holds an IHL seminar for university professors Security Forces from French speaking African countries. The last one was or- ganized in March, 2016 in Yaounde, Cameroun. Among par- In addition to supporting efforts of the national authorities ticipants were professors and academics from Guinea, Côte to ratify and implement IHL treaties, the ICRC engages with d’Ivoire, Niger, Senegal, Mali, Benin, Burkina Faso and Togo. armed forces and law enforcement agencies to integrate IHL, IHRL and humanitarian principles into doctrine and The ICRC also organises IHL workshops aimed at university training. In this regard, the ICRC provides technical support professors and lecturers at the national level. In May 2016, in developing doctrine and operational documents, as well such a workshop was held in Bamako, Mali, for 15 professors, as capacity building and training for armed forces, police lecturers and researchers. In Nigeria, the ICRC has organised and security forces, both in the field and within training an Annual IHL Teachers Workshop since 1997, for university institutions (academies, staff colleges etc.). professors and academics from different regions of the country. In June 2016, the workshop was organised in In 2016, the ICRC conducted trainings in several ECOWAS collaboration with the Nigerian Institute of Advanced Legal Member States. In Nigeria, trainings were conducted for Studies in Abuja. policemen and the ICRC also participated in the review of the Police Force 237 Code of Conduct Manual. In Niger, By offering IHL training opportunities, the ICRC aims to stim- in collaboration with the Niger Police Command, the ulate IHL teaching and research. Such courses are designed ICRC conducted training for Heads of Units of Police and to enable professors teaching related subjects – international Gendarmerie from all over the country. Additionally, in law, human rights law, political science, international relations Senegal, the ICRC was invited to contribute to IHL training or journalism – to include IHL in their curriculum and encour- for soldiers of various ranks. Most sessions were led by ICRC- age them to use different tools, in particular case studies. trained military instructors. Also officers from various corps worked together during an ICRC supported-workshop as The ICRC also organises national and regional IHL competi- a step to elaborate IHL teaching manual for the Senegalese tions for university students. In 2015-2016, the ICRC organ- armed forces. ised IHL competitions for law faculty students in Benin, Bur- kina Faso, Côte d’Ivoire, Guinea, Mali, Niger, Nigeria, Senegal, At regional level, the ICRC has supported the integration of Chad, and Togo. These competitions have involved various IHL, IHRL and humanitarian principles into doctrine of the universities, professors, IHL and military experts, journalists ESF including by providing input into the new ESF Doctrine and well as various humanitarian professionals. In November expected to be adopted in 2016. The ICRC also sponsored the 2015, in Niamey, Niger, the ICRC held a Regional IHL compe- participation of military officers from the ECOWAS Commission tition gathering finalist teams from 14 French speaking Afri- to various courses, among others, the ICRC’s Workshop on can countries, among which 10 were from ECOWAS Member International Rules Governing Military Operations (SWIRMO) States. The finalist team from the Nigerian national IHL com- and courses held at the San Remo International Institute of petition also participated in the African English speaking IHL Humanitarian Law. In 2016, the ICRC convened an IHL and competition in Arusha, Tanzania. IHRL workshop for the ESF in Abuja, Nigeria, bringing together
40 IMPLEMENTING IHL IN WEST AFRICA ACTIVITIES CARRIED OUT BY THE ICRC IN THE ECOWAS MEMBER STATES © ICRC
Participants and Facilitators at the 2016 ESF workshop displaying the board game on application of IHL- October 2016. Abuja, Nigeria.
The ICRC also provides regular lectures on IHL at the invitation of university professors. Between January 2015 and June 2016, it did so in Côte d’Ivoire, Ghana, Guinea, Senegal, Mali and Nigeria. In Nigeria, the ICRC has also participated in events during the law week of some universities and during the annual commemoration of the IHL Club in the University of Abuja.
Working with academic circles helps to consolidate a network of IHL experts and developing partnerships with institutes and research centres specialising in IHL.
41 IMPLEMENTING IHL IN WEST AFRICA PART VI
PART VI
42 IMPLEMENTING IHL IN WEST AFRICA ACTIVITIES CARRIED OUT BY THE ECOWAS COMMISSION IN MEMBER STATES
ACTIVITIES CARRIED OUT BY THE ECOWAS COMMISSION IN MEMBER STATES
1. Directorate of Humanitarian and Social In 2015, the DHSA conducted high level sensitisation visits to Affairs the three countries included in the Study, in order to follow up on the outcomes of the study. The outcomes of the visits include appropriate review of institutional arrangements In 2011, the ECOWAS Commission organised a Ministerial and operational modalities in each country and in Liberia, Conference on Internal Displacement (specifically for the the visit contributed to the conception and drafting of the promotion of ratification of the African Union Convention for Liberian draft law on IDPs currently before the Parliament. the Protection and Assistance of Internally Displaced Persons The DHSA also provided information on other ECOWAS - Kampala Convention by ECOWAS Member States) in Abuja. Humanitarian Affairs instruments including the ECOWAS This was carried out in collaboration with the United Nations HPPoA, the Plan of Action on IHL, and the Model for National High Commission for Refugees (UNHCR) with funding from Disaster Management Agencies. the Government of Finland. The Conference resulted in a sub- stantial increase in the number of ratifications of the Kampa- It should be emphasized that the ECOWAS HPPoA dedicates la Convention, which reiterates the IHL obligations of both Strategic Objective 4 entirely to the promotion of IHL and governments and non-state actors, including those relevant prescribes that it has its own specific plan of action. to protection of civilians. Also a roadmap was adopted by Member States highlighting key targets and activities for Additionally, the DHSA also facilitated capacity building for both the ECOWAS Commission and its Member States in re- relevant functionaries and personnel including a training for lation to realisation of the goals of the Kampala Convention. the ECOWAS Emergency Response Team Members (EERT) in Bamako, Mali in 2011. In furtherance of the roadmap which came out of the Conference, the ECOWAS Commission Directorate of As mentioned above, a vital component of IHL programming Humanitarian and Social Affairs (DHSA) and the UNHCR has been the ICRC-ECOWAS Annual meetings on Implemen- conducted a study on the legal, policy and operational context tation of IHL, held for 13 editions, with a conversion of the of the management of IDP issues in three Member States: focus of the event from a Seminar to a programmatic and Nigeria, Liberia and Cote d’Ivoire. The study methodology peer review meeting from the year 2011. involved the application of and assessment of compliance with benchmarks derived from the provisions of the Kampala Convention in alignment with the ECOWAS Humanitarian Policy and the Guiding Principles on Internal Displacement. Outcomes of the study are under consideration for possible extrapolation to all 15 ECOWAS Member States.
43 IMPLEMENTING IHL IN WEST AFRICA PART VI
2. Directorate of Peacekeeping and Additionally, the SAD plans to undertake monitoring and Regional Security evaluation in Member States to support the national process on implementation of the above-mentioned instruments. The Directorate of Peacekeeping and Regional Security In 2015, the SAD undertook training on the exemption (DPKRS) is embedded in the ECOWAS Commission Department procedure of the ECOWAS Convention on SALW in Nigeria of Political Affairs, Peace and Security (DPAPS) and oversees the and Niger and part of the focus was consideration for human ECOWAS Standby Force (ESF), the Small Arms Division (SAD), rights and IHL. the Regional Security Division (RSD) and the Peace Support Operations Division (PSOD). The DPKRS in its operations SAD played a leading role in the negotiations of the ATT from works on several areas relevant to the implementation of IHL 2010 with the adoption of the ECOWAS Common Position on in West Africa particularly promotion and implementation the ATT. This led to two major results, namely: of the ECOWAS Convention on SALW and the ATT under the mandate of the SAD. Additionally, the DPKRS ensures the • adoption of SALW as the eighth category of Conventional integration of IHL into military doctrine, Standard Operating Weapons; Procedures and Rules of Engagements of the ESF.
• ratification by 11 ECOWAS Member States out of a total of One of the most important considerations in the ECOWAS 15 in Africa, facilitating the entry into force of the ATT on Convention on SALW, is the identification of human rights 24 December 2014. and IHL in the transfer of weapons. Apart from its preamble, Arts. 6(2)(b) and 6(3)(b) of the Convention cite the universally The current and emerging security threats in the ECOWAS acceptable principles of human rights and IHL as grounds to region require new approaches, effective tools and robust refuse transfers. actions by stakeholders at all levels. It is in the light of these that the ECOWAS Commission in 2009 initiated the Additionally, the ECOWAS SAD has contributed to the process for a ECOWAS Policy Framework for Security Sector implementation of IHL treaties especially through its strict Reform and Governance (SSRG) which was adopted in June compliance with UN Arms embargoes on Member States. 2016 to establish within the region a robust and proactive This was in general compliance with international law but institutional framework to assist Member States in efforts specifically to Art. 6(2)(c)(i) of ECOWAS Convention on SALW to improve efficiency, effectiveness, accountability and which refers to enforcement of embargoes as conditions transparency in the security sector. to refuse transfers. The arms embargoes were invoked to protect the citizens from abuses of human rights and IHL. The ECOWAS’ unique approach to Security Sector Reform, which ECOWAS Commission was able to ensure official compliance emphasizes Governance and Human Security, is a reflection by ensuring that requests for arms were blocked and referred of lessons learnt in the past: emphasis on subjecting to the UN Security Council. security actors to effective civilian democratic control in the aftermath of military authoritarian rule; and preference for The SAD also coordinates the annual forum of National building capacity for oversight of the security sector beyond Commissions on Small Arms and Light Weapons – which time-bound reform programmes or professionalisation of exist in all 15 Member States – as a platform for exchange the security forces. One of the Core Principles of the ECOWAS on the implementation of both the ECOWAS Convention on Policy Framework for SSRG is “respect for human rights and IHL” SALW and the ATT, as the case may be. (Art. 16(g), and the goal to create a secure environment for Finals of the 6th IHL Moot Court Competition - the armed forces and security services as well as civilian-led October 2016. Lagos, Nigeria. institutions to coordinate, implement, respect and enforce human rights and IHL. An Implementation Plan will outline how those security objectives will be met by systematically linking regional security objectives to expected outcomes.
The ECOWAS Code of Conduct for the Armed Forces and Security Services (Code of Conduct), 11 August 2011, seeks to promote the inculcation of democratic norms into the behaviour of the armed forces and security services. It emphasises universally acceptable standards of conduct and democratic principles, human rights and IHL. It also seeks to promote conditions that will prevent unconstitutional change of government, strengthen democratic civilian control and good governance © ICRC
44 IMPLEMENTING IHL IN WEST AFRICA ACTIVITIES CARRIED OUT BY THE ECOWAS COMMISSION IN MEMBER STATES of the security sector. It is a practical instrument which seeks 3. Instruments at the ECOWAS Regional to reinforce democracy, respect for the rule of law, human Level rights and IHL, as well as restructuring of civil-military relations. • ECOWAS Convention on Small Arms and Light Weapons, Their Ammunition and Other Related Materials, June Within the context of SSRG which entails a fundamental 2006. shift in the way security is perceived, provided, managed, controlled and overseen, contemplating a shift from negative • ECOWAS Code of Conduct for the Armed Forces and to positive individual and institutional behavioural patterns is Security Services, August 2011. always a great challenge. In the toolbox of policy instruments for enabling and effecting such a shift, the Code of Conduct • ECOWAS Humanitarian Policy, March 2012. comes closest to operationalising norms for SSRG. • ECOWAS Plan of Action of the Humanitarian Policy , Implementation of the Code of Conduct will seek to 2012 - 2017. build consensus on and sustain standards of democratic governance of the security sector across Member States to • ECOWAS Plan of Action on the Implementation of IHL, promote democratic culture, lasting peace and sustainable 2009 - 2014. development. An Implementation Plan will outline positive steps on how the principles and standards of conduct • Model for National Disaster Management Agencies, contained in the Code of Conduct would be met, using specific October 2015. Member States as pilot states. An important element of the Implementation Plan will be the development of derivative • ECOWAS Policy Framework for Security Sector Reform tools which will be used in sensitisation, information and and Governance June 2016. training of armed forces, police and security officers of different cadres.
45 IMPLEMENTING IHL IN WEST AFRICA ANNEX
46 IMPLEMENTING IHL IN WEST AFRICA ANNEX
ANNEX
1. Country Priorities on the Implementation of IHL 2016/2017
Sn Country 2016-2017 IHL Priorities
1 Benin • Ratification of the Convention on Cluster Munitions 2008 • Commence operation of the CNDIH following the adoption of the decree amending the one that created it
2 Burkina Faso • Plan to include Health Focal Person in the activities of the IHL Committee in order to expand activities • Ensure a budget line for the Inter-ministerial Committee on Human Rights and IHL • Complete the ratification process initiated on the following treaties: • Second Protocol to the Hague Convention 1999 • Protocol V on Explosive Remnants of War to the 1980 Convention on Certain Conventional Weapons • Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques 1976 • Additional Protocol III to the Geneva Convention 2005 on the adoption of an additional distinctive emblem
3 Cabo Verde • IHL training for national authorities, armed forces and universities
4 Cote d’Ivoire • Ratification of the Protocol to the 1954 Hague Convention • Protocol to the Convention for the Protection of Cultural Property in the Event of Armed conflict 1954 • Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999 • Criminalise offences related to attacks against health infrastructure • Re-activation of the National IHL Commission • Ratification of the following treaties: • Additional Protocol III to the Geneva Conventions 2005 • Article 90 of Additional Protocol 1 to the Geneva Conventions (accepting the competence of the Fact-Finding Committee) • Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques 1976 • Protocols I, III, IV and Amended Protocol II of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, 1980 and the Article 1 of the Convention as amended • Implementation of the following treaties: • Arms Trade Treaty 2013 • Convention on Certain Conventional Weapons 1980
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47 IMPLEMENTING IHL IN WEST AFRICA ANNEX
Sn Country 2016-2017 IHL Priorities
5 Gambia • Re-activate the National IHL Commission • Ratify the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict 2000 • Adoption and implementation of the 1977 Additional Protocols I and II to the Geneva Conventions of 1949 • Domesticate the Cluster Munitions Convention, 2008
6 Ghana • Enable the operation of the newly created National IHL Commission • Undertake a comprehensive audit of treaties in the area of IHL which have either not been signed or have been signed but are not yet ratified to ascertain for appropriate action • Training for members of the National IHL Committee on the outstanding treaties that require ratification, and in the preparation of cabinet memorandum thereon • Securing the buy-in or support of the Ministries responsible for sponsoring these treaties, for a successful ratification process • Sensitization programmes for members of the media, civil society, parliamentarians in order to secure their support and the support of the general population for the ratification process
7 Guinea • Ratification of the Kampala Convention • Capacity building activities for the judiciary on IHL
8 Guinea Bissau • Ratification of the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 and its additional protocols • Ratification of the Arms Trade Treaty 2013
9 Liberia • Incorporate provisions of the Geneva Conventions 1949 and Additional Protocols 1977 into the Liberian Penal Code • Ratification of the Kampala Convention • Integration of IHL into more Liberian Universities • Integration of IHL into armed and security forces • Training of lawyers and judges in IHL
10 Mali • Review of the Penal Code and of Penal Procedure Code • Adopt a National Strategy on Internally Displaced Persons and repatriation • Domestication of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa 2009 • Adopt the Plan of Action for Technical Committee on African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa 2009 • Continue training and sensitization for armed and security forces as well as former combatant or armed groups on violations of IHL
11 Niger • Creation of an independent National IHL Commission • Validation of Bill to adopt the ECOWAS Convention on SALW • Harmonization of ratified treaties with national laws
12 Nigeria • Domesticate the Geneva Conventions 1949 • Domesticate the Additional Protocols I and II of 1977 and Additional Protocol III of 2005 to the Geneva Conventions 1949 • Periodic training/capacity building of National IHL Committee members • Facilitate the adoption of the Rome Statute Draft Bill by the parliament • National IHL Committee to adopt an advocacy strategy to the National Assembly
13 Senegal • Establishment of a sub-committee on IHL • Promotion of IHL in armed and security forces • Continue work on the draft bill on the ATT • Ratify the Kampala Convention
14 Togo • National IHL Committee to adopt an IHL Plan of Action • Completing the process of ratification of the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 and its two Protocols of 1954 and 1999
48 December 2014.Conakry, Guinea. Workshop for Teachers Law onInternational Humanitarian -
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