The War Report 2016

Home , Egyptian Armed Forces, Gulbuddin Hekmatyar

THE WAR REPORT ARMED CONFLICTS IN 2016

ANNYSSA BELLAL

THE ACADEMY A JOINT CENTER OF

THE WAR REPORT ARMED CONFLICTS IN 2016

ACKNOWLEDGEMENTS The War Report 2016 was written by Dr Annyssa Bellal, Strategic Adviser on In- ternational Humanitarian Law and Research Fellow at the Geneva Academy of International Humanitarian Law and Human Rights (Geneva Academy), with the research assistance of Shashaank Bahadur Nagar, LLM 2016, Geneva Academy. The War Report 2016 also builds on the work of the past editions of 2012, 2013 (edited by Stuart Casey-Maslen) and 2014 (edited by Annyssa Bellal). The Geneva Academy would like to thank the Swiss Federal Department of Foreign Affairs (FDFA) for its support to the research on this issue.

DISCLAIMER This report is the work of the author. The views expressed in it do not necessarily reflect those of the Geneva Academy. The qualification of any situation of armed violence as an armed conflict under international law should not be read such as to trigger war clauses in insurance contracts and does not in any way affect the need for due diligence by any natural or legal person in their work in any of the situations referred to. Furthermore, facts, matters, or opinions contained in the report are provided by the Geneva Academy without assuming responsibility to any user of the report who may rely on its contents in whole or in part.

The designation of armed non-state actors, states, or territories does not imply any judgement by the Geneva Academy regarding the legal status of such actors, states, or territories, or their authorities and institutions, or the delimitation of their boundaries, or the status of any states or territories that border them.

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CONTENTS 5 THE WAR REPORT : ARMED CONFLICTS IN 2016 6 1. A 3. 2. 1. 2. f. e. d. c. b. a. 2. 2. 1. U 4. 2. A B. A C. D C. C. B. A B. A D C. D D ......

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CONTENTS 7 THE WAR REPORT : ARMED CONFLICTS IN 2016 8 6. 4. 3. 2. 1. 5. 6. 5. 4. 3. 2. 1. 7. 6. 5. 4. 3. 2. 1.

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CONTENTS 9 THE WAR R THEEPOR WART :R AEPORRMEDT: A CONFLIRMED CONFLICTS CTINS 2016IN 2016 1010 I N T RODU CT ION organized armed groups (or between such groups themselves). Thus reports de reports Thus themselves). and groups forces such between armed (or between groups armed or organized forces, armed between clashes of extent the cially espe pertinent, also are factors other conflict; armed into threshold the crossing within a state may claim not only hundreds, but even thousands, of lives — and and — lives of thousands, even but hundreds, only not claim may state a within violence armed Indeed, game. numbers a simply not is conflict armed an as lence vio armed of situation a of qualification the territory, or state any in be may of life loss tragic) (and significant however later, detail more in explained as Further, ing theapplicablelaw,butiscertainlynotconclusive. amount to an armed conflict is relevant information for the purposes of determin not, does or does, situation particular a that affirms state a whether Consequently, ‘decision’. national a not and test objective an is conflict armed an of existence the Moreover, coincide). may an situations the for unquestionably, (although, synonym conflict armed a not is security and peace international threatening situation a conflict; armed an constitutes violence armed of situation particular a that cation impli or determination its in authoritative is body supranational or national No tion witharmedconflicts. Committee of the Red Cross (ICRC) has a formal role in protection only in connec International the Third, conflict. armed an with connection in committed be only may crimes war Second, I). Part in sections such rules’ of ‘Summary the duration see the participation, (for hostilities’ in directly ‘participating civilian a or forces armed the of a member against force lethal of use intentional the prohibit not does IHL Notably, conflict. armed of situation a in only applies enforcement, law of law markedly is which is than the international force on the use of lethal in its prohibitions hostilities, restrictive less of conduct the governing IHL foremost, and First implications. far-reaching has it because important is conflict armed an of istence main and provide legal analysis under the framework of international law. The ex of purpose The (ICL). law criminal international and (IHL) law recognized humanitarian international definitions under the with accordance in conflicts armed to amounted that 2016 in violence armed of situations discusses and describes, identifies, work This of Genocide. Crime the of Punishment and Prevention the on Convention 1948 2, Art. also see Statute; Rome 6, Art. e. d. c. b. a. national, ethnical, racial orreligious group, assuch: 2 humane acts.Art.7(1)(a)–(k),Rome Statute. in other and enforceddisappearance,apartheid, persecution, cy,violence, enforcedsexual sterilization, transfer of population, imprisonment, torture, rape, sexual slavery, enforced prostitution, forced pregnan perpetratorthe areattack acts which knowledge.Such has murder, extermination, enslavement, forcible of population civilian a against attack systematic widespreador a of part as undertakenare acts certain where occur humanity against crimes Statute), (Rome Court Criminal International the of Statute Rome 1 may constitute crimes against humanity

Crimes against humanity are those crimes that ‘shock the conscience of humanity’. Under the 1998 the Under humanity’. of conscience the ‘shock that crimes those are humanity against Crimes Genocide ‘means any of the following acts committed with intent to destroy, in whole or in part, a part, in or whole destroy,in to intent with committed acts following the of any ‘means Genocide Forcibly transferring children of thegroup to another group.’ Imposing measures intended to prevent birthswithinthegroup; tion inwholeorpart; Deliberatelygroupthe on inflicting conditions lifeof calculatedphysicaldestruc its about tobring Causing serious bodily or mental harmto membersof thegroup; Killing membersof thegroup; The War Report War The is to collect information and data in the public do public the in data and information collect to is 1 or even genocide even or 2 — without necessarily necessarily — without ------

INTRODUCTION 11 THE WAR REPORT : ARMED CONFLICTS IN 2016 12 of armed violence that amount to an armed conflict under IHL. IHL. under conflict armed an to amount that violence armed of situations all classifies and identifies that database online an (rulac.org), Academy Geneva the of portal Conflict Armed in Law of Rule the with conjunction in read refer to the past editions of 2012, 2013 and 2014. The War Report 2016 may also be to recommended therefore is it conflicts, all of history the of For overview complete a conflicts. selected of developments recent the on comment will edition 2016 the work of the Rule of Law in Armed Conflict (RULAC) project conducted since since 2009 conducted under Geneva Academy auspices. project (RULAC) Conflict Armed in Law of Rule the of work the 2 Part international existent reflect best law, certaincontroversiesandimprecisionnotwithstanding. believe, I that, criteria explicit of basis the on Part 1 significance underinternationallaw. have se per not do categorizations such but purposes, science political for valuable be can annually deaths battlefield 1,000 or 25 example, for on, based ‘wars’ tailing 3

At: http://www.rulac.org/ of this work lists and summarizes the armed conflicts that occurred in 2016 2016 in occurred that conflicts armed the summarizes and lists work this of focuses and details the situations of armed conflicts in 2016, drawing on on drawing 2016, in conflicts armed of situations the details and focuses 3 Unlike past editions of of editions past Unlike

The War Report , the , the INTRODUCTION 13 THE WAR R THEEPOR WART :R AEPORRMEDT: A CONFLIRMED CONFLICTS CTINS 2016IN 2016 1414 S UMMARY P AR T 1 In accordance with IHL (also called the law of armed conflict, LOAC), conflict, armed of law the called (also IHL with accordance In WHA 1. Turkey, Thailand, Syria, Sudan, Yemen. and Sudan, Ukraine South Somalia, Philippines, the kistan, Pa Nigeria, Myanmar, Mali, Libya, Iraq, India, Egypt, DRC, the Colombia, istan, Afghan states: 20 of territory the in 2016 in occurred NIACs 36 of total a least At Yemen. and Sahara, Western Ukraine, Turkey, Thailand, Syria, dan, Su Sudan, South Somalia, Philippines, the Palestine, Pakistan, Moldova, Nigeria, Myanmar, Mali, Libya, Lebanon, India, Iraq, Georgia, Eritrea, Egypt, (DRC), Congo of Republic Democratic the Cyprus, Colombia, Azerbaijan, Afghanistan, in tories terri and states 28 of territory the on occurred conflicts armed 48 least at 2016, In LOAC framework. broader the within falls hostilities) of conduct the (on law ‘Hague’ while IHL termed better is hostilities) longer,directlyin no participating or arenot, who conflictto party a of power the in protectionthose of the (on law ‘Geneva’ that argued been has it (LOAC).prevailingview,conflictToday,although the is this 6 doc Armed Non-International UN of Threshold Crimes, Conflict’, SSRN, 2008, p132,http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2222757. ‘The of Cullen, A. Elements e.g., ICC, See, 34. occupation’. n. (2000), military PCNICC/2000/1/Add.2 includes conflict” armed “international term 5 the United States. Norway, Zealand, New and Turkey,Sweden,Kingdom, Spain, Netherlands, UnitedSlovenia, Slovakia, the Romania, Ukraine,Portugal, Poland, the Montenegro, Mongolia, Luxembourg, Lithuania, Latvia, Italy, Estonia, Denmark, Republic, Czech Croatia, Finland, the former Yugoslav Republic of Bulgaria, Macedonia, Georgia, Germany, Greece, Herzegovina, Hungary, Iceland, Ireland, and Bosnia Belgium, Azerbaijan, the to contributing mission areand are, as a states consequence, concerned following by this armed conflict: The Albania, Armenia, Australia, Austria, institutions. and forces security Afghan assist and advise Organization(NATO) Afghanistan,Assistancein Security Internationalreplacing Force the train,to (ISAF), 4 there are two categories of armed conflict: international armed conflict (IAC) and and (IAC) conflict armed international conflict: armed of categories two are there ia, Ukraine and Western Sahara). These occupations are governed by the law of of law the by governed military occupation are that also forms part of occupations the law of These international armed conflict. Sahara). Western and Ukraine ia, Syr Palestine, Moldova, Lebanon, Georgia, Eritrea, Cyprus, (Azerbaijan, territories and states 10 of parts of continued occupations Syria belligerent in addition, In coalition Syria. US-led and the to belonging states different the between as well as Russia, and Ukraine between Pakistan, and India between states: 3 of territory the in place taking been have conflicts armed international active conflicts, 48 the Of end toarmedviolence,muchlessthesufferingofpopulation. an imply necessarily not does law international by defined as conflict armed an of end the course, Of Afghanistan). in and Colombia (in 2016 during ended conflicts

The Elements of Crimes established under the International Criminal Court (ICC) provide that ‘the ‘the that provide (ICC) Court Criminal International the under established Crimes of Elements The Views differ as to whether international humanitarian law (IHL) is a synonym for the law of armed of law the for synonym a is (IHL) law humanitarian international whether to as differ Views n Jnay 05 te eoue upr msin a etbihd y h Nrh tatc Treaty Atlantic North the by established was mission Support Resolute the 2015, January 1 On T IS AN AN IS A RMED CONFLI CT ? 4 Two armed armed Two 6 and ICL, ICL, and 5 - - - - -

PART 1 : SUMMARY 15 THE WAR REPORT : ARMED CONFLICTS IN 2016 16 respect of whom substantial grounds have been shown for believing that the person concerned, if re if concerned, person the that believing for shown been have grounds substantial whom of respect in but refugee a as qualify not does who person stateless a or national country third a law,whether EU 7 the case. in 2014 March in judgment International Chamber Trial the (ICC)’s by Court supported Criminal been has theory, conflict of called fragmentation sometimes the position, This state. given any in parallel at in and ongoing time be same may the categories, both or one comprising conflicts, several armed Accordingly, different situation. geographical given any in ‘either-or’ of case is a it not shared, universally not is understanding this though even and Furthermore, to constituteanNIAC.Thisissueisdiscussedbelow. necessary that — than lower significantly general, in is, i.e. — from differs IAC an trigger to needed violence of level the that means This state. a within groups such between or groups, armed organized and authorities governmental between vio lence armed protracted is there when exists NIAC armed to an while resort a states, is between force there whenever exists IAC an ICTY, the of view the in Thus, (NIAC). conflict armed non-international 7 March §1197. 2014, 9 www.icrc.org/eng/assets/files/other/irrc-873-vite.pdf. http:// 69–94, pp 2009), (March 873 IRRC 91 Situations’, Actual and ConceptsLegal Law: Humanitarian International in Conflicts Armed of ‘Typology Vité, S. files/other/opinion-paper-armed-conflict.pdf;and http://www.icrc.org/eng/assets/2008, MarchPaper, Opinion ICRC Law?’, Humanitarian International Defined in Conflict” “Armed http://www.icty.org/x/ Term the §70, is 1995, ‘How ICRC, October also 2 generally IT-94-1), See cases/tadic/acdec/en/51002.htm. No. (Case Chamber) (Appeals Jurisdiction on 8 first&part=1&cid=460406. This decision hasnoinfluence definitionof armed on theIHL/ICL conflict. juris/document/document.jsf?text=&docid=147061&pageIndex=0&doclang=EN&mode=lst&dir=&occ= apatrides volved or the duration of the conflict.’ CJEU, assessment of the intensity of the armed confrontations, the level of organisation of the armed forces in to necessary carry out, in it addition to an appraisalis of the level nor of violence presentlaw; in the territory humanitarian concerned, a internationalseparate under character” international an of not conflict moregroupsarmed confront other.each necessarynot is conflictcategorizedforIt that tobe “armed as an internal armed conflict exists ‘if a State’s armed forces confront one or more armed groups or if two or conflict.’ In a decision in January 2014, the Court of Justice of the armed European internal Union (CJEU) or determined that international of situations in violence indiscriminate of reason by person or life lian’s civi threata individual to‘serious and a consists ofDirective, harm According the serious of 15(c) Art. to 2004/83.Directive EU 2, Art. country’. such that protectionof the to of herself or owing himself avail toor, unwilling risk, unable, is and harm… serious suffering of risk real a face would residence, habitual countryformerofher or statelesshis toa person, of case the in or countryorigin, ofher or his toturned supporting militia) against the Free Syrian Army and, separately, against Haiy’a against separately, and, Army Syrian Free the against militia) supporting (and forces armed Syrian pitting Syria in 2016 in NIACs distinct are there example, in the decision 1995 a in (ICTY) Yugoslavia former the for Tribunal Criminal ternational In the of Chamber Appeals the by advanced was categories two the of definition

The EU also uses the term ‘internal armed conflict’ to determine, ‘for the purposes of protection under ICTY, See, e.g., ICC, 9 Such fragmentation is evidenced in a number of recent armed conflicts. For For conflicts. armed recent of number a in evidenced is fragmentation Such Tadić case: (aka ‘Dule’) Tadiv.(akaProsecutor Dusko ć , Judgment (Fourth Chamber) (Case C-285/12), 30 January 2014, §35, http://curia.europa.eu/§35, 2014, January 30 C-285/12), (Case Chamber) (Fourth Judgment , organized armedgroupsorbetweensuchwithinaState. and authorities governmental between violence armed protracted or States between force armed to resort a is there whenever exists conflict armed [A]n Prosecutor v. Germain Katanga Aboubacar Diakité v. Commissaire général aux réfugiés et aux , Decision on the Defence Motion for Interlocutory Appeal Interlocutory for Motion Defence the on Decision , , Judgment (Trial Chamber II) (Case No. ICC-01/04-01/07), 7 A valuable and widely cited general general cited widely and valuable A 8 Katanga Katanga - - - - -

though, limitedtoareaswherecombatisoccurring. state engaged in an armed conflict. Tahrir al-Sham (former al-Nusra front), while, a separate NIAC broke out since since out broke NIAC (IS) State Islamic the and regime separate Syrian the between 2013 a while, front), al-Nusra (former al-Sham Tahrir the International Law of Armed Conflicts 12 (2) The wounded andsickshallbecollected andcared for.’ sable by civilized peoples. indispen as recognizedare which guarantees judicial the all affording court, constituted regularly a by pronouncedjudgment previous without executionsof out carrying the and sentences of passing the (d) (c) outrages uponpersonal dignity, inparticular humiliatinganddegrading treatment; (b) taking of hostages; (a) violence to life andperson, inparticular murder of allkinds,mutilation,crueltreatment andtorture; remain prohibited at any time and in any shall place and arewhatsoever acts with following respect the to end, Tothe this criteria.…above-mentioned similar persons: other any or wealth, or birth sex, faith, or race,colour,on foundedreligion distinction treated circumstances adversehumanely, be anyall without placedthose and arms their (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down minimum, thefollowing provisions: 11 the IslamicState of Iraq. 10 Article 3 to the 1949 Geneva Conventions, Geneva 1949 the to 3 Article Common in out set those including rules, fundamental of number a consequence, As a concerned. or states state of the territory the throughout applies generally IHL progress, in is conflict armed an when ICTY, the of view the with consonant Thus, According totheICTY,incaseofBosniaandHerzegovina: detaining. is it personnel military or civilians or party that of civilians power the in example, large at for concern, could This controls. it that areas other in conflict the to party a of member a by committed be however, may, crimes War other. each against hostilities conducting are conflict the to parties the where areas the to ited In any event, the existence of an armed conflict of either category is generally lim Hezbollah. and (FSA) Army Syrian

According to Common Article 3, inter alia, ‘each Party to the conflict shall be bound to apply, as a as apply, to bound be shall conflict the to Party ‘each alia, inter 3, Article Common to According See, e.g., 1949 Geneva Convention IV, Arts. 35–46. See also R. Kolb and R. Hyde, R. and Kolb R. also See IV,35–46. ConventionGeneva Arts. 1949 e.g., See, This armed group is also called the Islamic State of Iraq and the Levant (ISIL). It was formerly called formerlywas It Levant(ISIL). the and Iraq ofState Islamic the called also is grouparmed This curn i ohr at o te ertre cnrle b te ate t the to parties the by controlled territories the of parts other in occurring hostilities the to related closely were crimes alleged the that sufficient is It context ofanarmedconflict. the in committed were alleged crimes the law, humanitarian applying international of purposes the for that, conclude we foregoing, the of territory. light Bosnian In ... over control obtain to campaign military Serb Bosnian larger the of part turn, in was, which region, Prijedor the in power of dation consoli and take-over Serb Bosnian the of part as camp prison Omarska the outside and inside civilians against committed were crimes that alleges ther fur It Omarska. in camp prison a established and Prijedor of Opstina the of control took Serbs Bosnian 1992 in that states indictment The relationship. conflict. There is no doubt that the allegations at issue here bear the required hors de combatde hors , Hart,2008, pp94–6. 12 by sickness, wounds, detention, or any other cause, shall in shall cause, other any or detention, wounds, sickness, by Rules governing the conduct of hostilities are, are, hostilities of conduct the governing Rules 11 apply throughout the territory of a of territory the throughout apply 10 and between the Free An Introduction to Introduction An - - - -

PART 1 : SUMMARY 17 THE WAR REPORT : ARMED CONFLICTS IN 2016 18 ity of the Geneva Conventions between the two States.... It is also of no concern concern no of also is It whether ornotthepartyattackedresists’. States.... two the between Conventions Geneva the of ity applicabil the triggers another of territory the against State one by force armed of use ‘any explains, Gasser Hans-Peter as Thus, back. fights state latter the whether of irrespective state, another of territory the against force armed uses state one er whenev exists also IAC an force), of use interstate governing law (the bellum ad tional border)donotconstituteanIAC. small-scale ‘frontier incidents’ (for example, where a soldier fires whereby across an interna case Nicaragua the in (ICJ) Justice of Court position the International the by follows adopted Report War The however, contrast, In IAC. an constitute to use of force (or even the mere detention of foreign military personnel) is sufficient The between two States brings the Conventions into effect.’ into Conventions the brings States two between arms of use of kind Any other.... each with clash States two of forces armed the of parts when assumed be always can Conventions Geneva the to common 2 Article of meaning the within conflict armed an of existence ‘the observed: Schindler rich the armed force be between two or more states. It is undoubtedly true that, as Diet that insistence its in narrow too is States’) between force armed to resort a is there If understood strictly, the ICTY’s definition of an IAC in the them.’ of one by recognized not is war of state the if even Parties, Contracting High the of more or two between arise may which conflict armed other any of or war declared of cases all to apply ‘shall Conventions four the of each Conventions, Geneva 1949 the to 2 Article Common to According 2. See also C. Gray, America) of States 15 International Red Cross andRed Crescent Movement 14 Protocols’, 13 national CommitteeoftheRedCross(ICRC): belligerent occupation occurs is, though, not a finally settled. According which to at the Inter moment precise The Conventions. Article Geneva 1949 in four down the to set common is 2 This all. at resistance armed no is there if even it, occupies An IAC does, though, include any situation in which one state invades another and A . CRI .

. cide, Te ifrn Tps f re Cnit Acrig o h Gnv Cnetos and Conventions Geneva the to According Conﬂicts Armed of Types Different ‘The Schindler, D. ICJ, H.-P. Gasser, ‘International HumanitarianLaw: Introduction’An (ed), Haug H. in I N Tadić T T Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United ERIA FOR ERNA cise ofsomedegreeauthoritybylocalauthorities, orbytheforeignforces elements – such as the continuation of hostilities and/or the continued exer factual other but IHL, under vague occupation of definition the is only Not Recueil descours case appears to support the so-called ‘first shot’ theory, in which any any which in theory, shot’ ‘first so-called the support to appears case International Law and the Use of Force of Use the and Law International , Judgment, (Merits), 27June1986, §195, http://www.icj-cij.org/docket/ﬁles/70/6503.pdf. T IONAL T HE E , HagueAcademy of International law (RCADI), Vol. 163 (1979), p131. XIS A T RMED CONFLI EN C E OF AN E AN OF 15 I N

, Paul Haupt, 1993, pp510–11. 14 T , 3rd Edn, Oxford University Press, 2008, pp 177–83.

ERNA CT T IONAL 13 A But, consistent with jus jus with consistent But, RMED CONFLI

Tadić Humanity forHumanity TheAll: case (‘whenever (‘whenever case CT ------be factual and legal issues concerning whether and when an occupation occurs. occupation an when and whether concerning issues legal and factual be maymilitaryNATO’sAfghanistan,thereinvolvement instance.Butrespecttoin for withcase the is ThisIAC. an engagedin not arestates two state’sconsent, latterthe the with state another of territory the on force armed uses state one where course, Of to CommonArticle2: According lower. is Conventions Geneva 1949 the of application the for threshold nex part of Ukrainian territory (Crimea). nex partofUkrainianterritory(Crimea). an to sought had Russia that clearly demonstrated ground the on facts the however, andcould not therefore beconsidered genuinely torepresent the state. Subsequently, letterthe of time the Ukraine at forcesofarmedeffectively notpoliceor control the outprejudice thelegalityto hisremovalof underUkrainian YanukovychlawMr did with-appeal-by-legal-president-yanukovych/. http://euromaidanpr.com/2014/03/05/russia–provides-un-security-council- Yanukovych’,2014, March 5 19 ³ ³ ³ ³ ³ occupation was occurring: against and identified a non-exhaustive list of factors to take into account when determining whether an 18 17 IRRC M. Zwanenburg, M. Bothe, and M. Sassòli, ‘Is the Law of Occupation Applicable to the Invasion Phase?’ 94 Crescent,ConferenceRedInternationalCross2011.Red e.g.,and Geneva,October31st the See, the of to 16 tion has not been approved by the legitimate sovereign.’ legitimate the by approved been not has tion interven its (b) [and] it; to belong not does that territory a over control exercise effective to able is occupier the (a) fulfilled: be must conditions ‘two exist, to 42 Article of meaning the in occupation for Vité, Sylvain can to and According exercised’. established be been has authority such where territory the to only extends occupation The army. hostile the of authority the under placed actually is it when occupied considered is ‘Territory reads: Regulations Hague 1907 the of 42 Article authorized Russian military intervention in a letter dated 1 March. 1 dated letter a in intervention military Russian authorized Ukraine,deposedUkrainianthatgivenPresident ViktorYanukovych seeminglyhad March2014,issuethearosewhether ofRussian the not or Federation occupyingwas

2014, §§1180, citing ICTY,citing §§1180, 2014, ICC, the occupying power hasissued andenforced directions to thecivilianpopulation. a temporary administration hasbeen established over theterritory; time to make theauthorityof theoccupying power felt; the occupying power has a sufficient force present, or the capacity to send troops within a reasonable affect thereality of occupation; territory.occupiedconsidered as be not However,resistance, notsuccessful, local evensporadicdoes may areas battle respect, this In withdrawn. or defeated been surrendered,haveforces enemy’s the occupied the of authorities, whichmust have beenthat rendered incapable of functioningpublicly; for authority own its substitute to position a in be must power occupying the Judgment (Trial Chamber) (Case No. IT-98-34-T), 31March 2003, §217, footnotes omitted. Vité, ‘Typology of Armed Conflicts inInternational Humanitarian Law’, 74. In the In ICRC, ‘International Humanitarian Law and the Challenges of Contemporaryof Challenges Conflicts’,the Armed Reportand Law Humanitarian‘International ICRC, See, e.g., Euromaidan Press, ‘Russia Provides UN Security Council with Appeal by “Legal President” “Legal by Appeal with Council Security UN Provides ‘Russia Press, Euromaidan e.g., See, 885(Spring2012), pp29–50. Prosecutor v. Germain Katanga Germain v.Prosecutor a particularsituationquitecomplex. during and after the phase out period – may render the legal classification of The Convention shall also apply to all cases of partial or total occupation of occupation total or partial of cases all to apply also shall Convention The with noarmedresistance. meets occupation said the if even Party, Contracting High a of territory the Katanga case, the ICC Trial Chamber cited with approval the ICTY trial judgment in the case the in judgment trial ICTY the approval with cited Chamber TrialICC the case, Prosecutor v. Mladen Naletilic, aka ‘Tuta’and Vinko Martinovic, aka ‘Š tela’ aka Martinovic, Vinko‘Tuta’and aka Naletilic, Mladen v.Prosecutor , Judgment (Trial Chamber) (Case No. ICC-01/04-01/07), 7 March ICC-01/04-01/07),7 No. (Case Chamber) (Trial Judgment , 16

17 Arguably, however, the the however, Arguably, 19 However, with

18 In - - - ,

PART 1 : SUMMARY 19 THE WAR REPORT : ARMED CONFLICTS IN 2016 20 racist regimes in the exercise of their right of self-determination’. of right their of exercise the in regimes racist against and occupation alien and domination colonial against fighting are peoples which ‘in conflict armed an is there where exist also may IAC an controversially, of armed violence for such a conflict to occur is not settled, but is probably the the probably is but settled, not is same asforanIAC—thatistosay,muchlowerthanitNIAC. occur to conflict a such for violence armed of law giventherequisiteintent(mensrea). international customary under crimes war are both and attack), indiscriminate an (i.e. combatants and civilians between operations military in distinguish to failing is too as IHL, of violation serious a is hospitals, civilians targeting homes, Deliberately (e.g. schools). and objects civilian or civilians, individual ci population, the not vilian and objectives military only Syria target and to 2013) Israel in i.e. Pakistan parties, and India warring or the words, other (in conflict’ a to ‘parties es to applicable law oblig rule This distinction. of rule the is conflict armed of law the of basis The all. customary represent and Protocols, Additional 1977 their and Conventions Geneva 1949 the and Regulations Hague 1907 the in out set are IAC an in hostilities of conduct the to applicable IHL of rules and principles basic The tentially targeteachother’sarmedforcesanywhere. po may IAC an in involved states necessary militarily where IAC, any to parallel a for case to prejudice the Without below). (see is NIAC than broader far potentially is IAC an of scope geographical The actor non-state ANSA. the of actions the over control’ ‘overall have to armed deemed is state eign an supports state one when for the that significant so is support that when state another in operating (ANSA) IAC an be also may There directly in hostilities. 23 University Press, 2005, §3.4.2. regulated by Common Article 3. UK Ministry of Defence, 22 vociferously whenitwas adopted. Ithasnever been applied inpractice. 21 translation.) ICC, behalf.’Unofficialtheir on acting throughothers respectiveor throughstates their armies oppose tilities vers d’autres acteurs agissant en leur nom.’ (‘An international armed conflict exists whenever armed hos nal existe dès lors que des hostilités armés opposent des États à travers leurs armées respectives ou à tra 2014 TrialexpresslyTheapproved §541.Chamber the 2012,March 14 01/06), 2012 the in judgment its ICC,case: Lubanga in ICC the of Chamber Trial the of views the similarly See §§149–50. 2000, §§84 and 115 et seq; ICTY, 20 C. C. GEO THE B.

S See Art. 1(4), 1977 Additional Protocol I. The U.S. and a number of other states opposed this provision Civilians only lose their ‘general protection’ against hostilities if, and for such time as, they participate This is not, though, the position of the UK, whichargues thatthethreshold is thesameas for a NIAC See, e.g., ICTY,e.g., See, UMMARY Katanga G judgment, the ICC Trial Chamber further approved this position: ‘Un conflit armé internatio RAPHI Prosecutor v. Germain Katanga IHL Prosecutorv. Dyilo Lubanga Thomas Prosecutorv. Tadi ć

R ULES GOVERNIN C AL Prosecutor v. Blaškić SC OPE OF AN , Judgment (Appeals Chamber) (Case No. IT-94-1-A),No. (Case Chamber) (Appeals 1999, Judgment July , 15 G

I , Judgment (Trial Chamber) (Case No. IT-95-14-T), 3 March , Judgment (Trial Chamber), 7 March 2014, §§1177 et seq. I N N T T ERNA ERNA jus ad bellum ad jus 23 , Judgment (TrialICC-01/04-No.Judgment (Case , Chamber) The Manual of the Law of Armed Conflict T T IONAL IONAL , the rules of which apply in in apply which of rules the , A A RMED CONFLI RMED CONFLI Tadić dicta on this issue. In the In issue. this on dicta 21 The threshold threshold The CT CT 22 20 , Oxford More More ------the territories it occupies and local law that was applicable prior to the occupation occupation the to prior applicable was that law local and occupies it over territories the rights sovereign enjoy not does occupant agreement the period, political this a During until reached. is lasts which situation, temporary a it be that to is supposed occupation is military of law the of underpinning The law. international customary and I, Protocol Additional 42–56), 1977 the (Articles IV, Convention Regulations Geneva Hague 1949 the 1907 the in out set is law ter applicable foreign ritory, of occupation belligerent a during above, discussion the to Subject The use of indiscriminate weapons, crime. war a is age of years 15 than less children Recruiting hostilities. in part take to allowed nor groups armed or forces armed into recruited be not must Children prohibited. are advantage military direct’ and ‘concrete expected the to compared ‘excessive’ be would severally or ly joint which objects, civilian to damage or population, civilian the among injuries or deaths cause to expected be may that objectives military lawful proportionality, against of attacks rule the to according addition, In objects). civilian to damage all feasible precautions in any attack to minimize civilian deaths and injuries (and take conflict a to parties that requires also law international hostilities, of conduct in the be avoided always not may casualties civilian that it is understood Although 25 indiscriminate, and certainly there is no general agreement‘inherently’ areas to weapons which weaponsno might that fulfil this claimed criterion. been sometimes has It targets’. military and civilian between distinguishing of incapable are that ‘weapons to referred Opinion, Advisory Weapons Nuclear 1996 its 24 conclusion a general until hostilities of cessation the beyond extends and conflicts The issue. difficult a is conflict the in ICTY armed international an of duration precise The occupies. it territories the to regard with extraterritorially state occupying the on (HRL) binding is law rights human international addition, In Regulations). (Article Hague the security of 43 providing for and possible, as closely as occupation the to prior was it as it maintaining control, its under population the of life local the istering admin for responsible is power occupying the time, same the At force. in remains erential treatment. pref granted be to are children and women population, civilian the to assistance injury or unnecessary suffering’, is prohibited. In addition, among many other pro status of prisoner of war, with the associated rights and obligations. and rights associated the with war, of prisoner of status the accorded be to are forces) armed of members (primarily, combatants Captured combatants who are protect and respect must conflict international an to parties visions, E D . WHEN WHEN . .

S These are set out,inparticular, in1949Geneva Convention III. The Rome Statute (Art. 8(2)(a)(xx)) refers to ‘inherently’ indiscriminate weapons, while the ICJ, in ICJ, the while weapons, indiscriminate ‘inherently’ to refers 8(2)(a)(xx)) (Art. Statute Rome The UMMARY hors de combat D OES AN

Tadić IHL

R case suggested that IHL applies ‘from the initiation of ... armed armed ... of initiation the ‘from applies IHL that suggested case ULES GOVERNIN I N T , because of sickness, wounds, detention, or any other cause. cause. other any or detention, wounds, sickness, of because , ERNA T IONAL G 24 A A A or weapons ‘of a nature to cause superﬂuous superﬂuous cause to nature a ‘of weapons or RMED CONFLI S I T UA T ION OF BELLI CT

E ND? G EREN T

25 OCC In providing providing In UPA T ION - - - - -

PART 1 : SUMMARY 21 THE WAR REPORT : ARMED CONFLICTS IN 2016 22 armed violencehasbeenreached. of threshold certain a that means violence’ armed ‘protracted of requirement The armed group,orbetweensuchgroups.Theseelementsarediscussedin turn. place take must violence the third, and, borders); state’s a across or state a within groups such between (or group one least at and forces government by ducted con be must violence second, violence’; armed ‘protracted be must there First, tion. There are three cumulative requirements for an NIAC, according to the border. an international across groups armed organized more or two between occurs violence armed the by foreseen explicitly and intense armed violence armed intense and In accordance with the definition in the 3. of peace is reached’ in the case of an IAC. Conference of theRed Cross andRed Crescent, 2011, p8. Humanitarian Law and the Challenges of Contemporary Armed Conflicts’, Report for the 31st International 29 28 §17.June 2004, Prosecutorv. MilošSlobodan ević Brahimaj Lahi and ICTY, also see §562; 1997, ICTY, May intensity). 7 Judgment, not and duration, Opinion of one is parlance ordinary in meaning word’s the to ‘protracted’ when qualifying armed violence was an insistence on the intensity of conflict (even though 27 (Appeals Chamber),2October 1995,§70. 26 conflict without such an oscillation amounting to an active cessation of hostilities. armed of situation a during violence armed of extent and regularity in fluctuation a be often will there Nonetheless, expansive. too is ceased effectively have tilities conduct of hostilities pertain to acts committed after the point at which active hos the governing rules conflict armed of law that notion a detainees, of treatment the to pertaining those including hostilities, of cessation active the beyond extend ly cluding ‘riots, isolated and sporadic acts of violence’, and other acts of a similar similar a of acts other and nature, are explicitly determined not violence’, to amount to armed conflicts. of acts sporadic and isolated ‘riots, cluding in tensions’, and disturbances ‘internal of Situations state. a within groups armed organized more or two between violence armed will intense of situation a NIAC in occur also A groups. armed non-governmental organized more or one and army, A . CRI .

In the trial judgment in judgment trial the In N Art.1(2),1977 Additional Protocol II;see also Art.8(2)(d),1998Rome Statute. ICTY, s h IR hs oe, te ilne ut ec a eti lvl f nest’ IR, ‘International ICRC, intensity’. of level certain a reach must violence ‘the noted, has ICRC the As ON- T ERIA FOR In an armed conflict of an internal or mixed character, these closely related cri Prosecutor v. Tadiv.ć Prosecutor I N T ERNA , Judgment (Trial Chamber) (Case No. IT-04-84-T), 3 April 2008, §§40 et seq; ICTY,seq; et §§40 2008, April IT-04-84-T),3 No. (Case Chamber) (Trial Judgment , T HE T E Tadi ć IONAL XIS , Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction on Appeal Interlocutory for Motion Defence the on Decision , , DecisionMotion, on for ofJudgment Acquittal (Case No. IT-02-54-T), 16 T and other cases, the ICTY confirmed that the specific meaning it gave it meaning specific the that confirmed ICTY the cases, other and Tadić EN 27 between the security forces of a state, especially the between C E OF E A OF A RMED CONFLI decision, a NIAC will also occur where intense intense where occur also will NIAC a decision, 29 AccordingtotheICTY: the armed forces and at least one organized one least at and forces armed the N ON- 26 Tadić While certain IHL obligations will clear will obligations IHL certain While I N case, a NIAC is a situation of regular regular of a is situation a NIAC case, T organized Prosecutor v. Ramush Haradinaj, Idriz Balaj, Balaj, Idriz Haradinaj, Ramush v. Prosecutor ERNA CT T IONAL non-governmental armed non-governmental A RMED CONFLI rsctr . Tadić v. Prosecutor 28 Although not Although Tadić defini CT ------, Kosovo LiberationArmyandtheSerbforces,statedthat the between 1998 May of end the before Kosovo in existed conflict armed an that tive factors for an armed conflict include ‘the number, duration and intensity of of intensity and confrontations’. individual duration number, ‘the include conflict armed an for factors tive an organizedcrimenetwork,canbeapartytoarmedconflict. or cartel drugs a as such lucrative, purely is aim whose group armed organized an territory of a single state single a of territory states Conflict Armed tual combat. tual is, ‘between’ and ‘conflict’ words of the notion in the Inherent controversial. is potentially criterion third The NIAC; an to party be to it for agenda religious or political particular a with law have group an that armed international necessary It is however, not, to conflict. no an armed respect under have status their designations of such determination the entities; for other consequence or states by elements ti-government an or gangs, criminal terrorists, insurgents, rebels, called sometimes are groups These NIAC. an to ‘party’ are groups such groups, armed organized other or forces armed with confrontations armed intense and regular in engaged When erations. significant op military a regular conduct control to capability the which them gives and that capacity logistical weapons, of variety a that use and structure, possess command-and-control typically a with those are groups armed Organized footnote omitted. 36 the%20Law%20of%20NIAC.pdf. Commentary With Conflict 35 34 in footnote 1592. Šljivančin ICTY,e.g., See, time’. of period a over and territory spreadover their clashes, armed increasein potential and attacks of seriousness ‘the criterion: intensity 33 32 (Case No. IT-03-66-T), 30November 2005, §170. 31 30

See, e.g., ICTY,e.g., See, In cases before the ICTY, the Tribunal has tended to consider the number of clashes as part of the of part as clashes of number the consider to tended has TribunalICTY, the the before cases In nentoa Isiue f uaiain Law, Humanitarian of Institute International Vité, ‘Typology of Armed Conflicts inInternational Humanitarian Law’, 11. ICTY, ICTY, ICTY, , Judgment (Trial Chamber) (Case No. IT-95-13/1-T), 27 September 2007, §407, and sources cited varied operationsisafurtherindicatorofitslevelorganisation. such in engage to KLA the of ability The north.... the in Mitrovica Kosovka Kosovo–Macedonian border in the south and the municipality of Mitrovice/ the and Prizren/Prizren to east, the in Prishtina/Pristina near to west, the in border Kosovo–Albanian the from areas in forces Serbian substantial with by the end of May 1998 KLA units were constantly engaged in armed clashes activities, whicharenotsubjecttointernationalhumanitarianlaw. conflictfrombanditry, unorganized andshort-lived insurrections, terroristor teria are used solely for the purpose, as a minimum, of distinguishing an armed Prosecutor v. Haradinaj Prosecutor v. Tadić Prosecutor v. Limaj, Bala, and Musliu and Bala, Limaj, v. Prosecutor 33 In its judgment in the Haradinaj case, the ICTY stated that indica Prosecutor v. Fatmir Limaj, Haradin Bala, and Isak Musliu Isak and Bala, Haradin Limaj, v.Fatmir Prosecutor that NIACs are ‘armed confrontations’ occurring within the the within occurring confrontations’ ‘armed are NIACs that , 2006, p 3, http://www.iihl.org/iihl/Documents/The%20Manual%20on%20 3, p 2006, , . . 35 , Judgment(Trial Chamber)(Case No. IT-04-84-T), 3April2008, §49. The War Report War The 34 In the The San Remo Manual on the Law of Non-International Non-International of Law the on Manual Remo San Limaj , Judgment (Trial Chamber) 30 November 2005, §172, 2005, November 30 Chamber) (Trial Judgment , h Mna o te a o NnItrainl Armed Non-International of Law the on Manual The , and Veselinand Radić, Miroslav Mrkšić, Prosecutorv.Mile case, the ICTY Trial Chamber, in finding finding in Chamber, Trial ICTY the case, argues, a requirement that there be ac be there that requirement a argues, , Judgment (Trial Chamber) (Trial Judgment , 32 31 36 therefore, therefore, 30 - - - -

PART 1 : SUMMARY 23 THE WAR REPORT : ARMED CONFLICTS IN 2016 24 concerted orinisolation’. whether terrorism of acts including crimes ordinary of commission the by stituted con not is which kind a of situation a denotes context its in and itself of conﬂict” “armed term ‘the whereby a declaration entered UK the I, Protocol Additional 1977 an individual attack does not amount to an armed conflict as it may under the IAC. under of may classification it as conflict armed an to amount not does attack since individual difficult, an particularly is character non-international a of conflicts armed in hostilities’ active of ‘cessation the identifying though even expansive, too is This NIAC would end by the mere fact that one of the Parties ceases to exist or in case case in or exist to ceases Parties the of a one that that fact mere specified the by also end would 1949 NIAC of Conventions Geneva the of Commentary 2016 The the case of internal conﬂicts [i.e. NIACs], [until] a peaceful settlement is achieved’. the to According over. effectively is NIAC a when of determination the is IAC an of end the to respect with than complicated More law’. humanitarian international to subject not are which activities, ‘terrorist of above cited and case the in ICTY the by expressed notion the within accurately more fall to pear the armed or security forces of a state, is or with ‘hostilities’ (VBIEDs), direct in engage IEDs not does which but vehicle-borne (BBIEDs), IEDs body-borne landmines, (IEDs), devices explosive im provised target) a to delivers (or emplaces and constructs that group armed an Thus, scope-application-ihl-non-international-armed-conflicts-end-part-2/. http://opiniojuris.org/2014/02/19/guest-post-bartels-temporal- 2014, February 19 Juris, Opinio 2’, Part 41 to (non-international) armed conflict. 40 39 §26. 16 June2004, Decision on Motion for Judgment of Acquittal (Rule 98bis Decision) (Trial Chamber) (Case No. IT-02-54-T), rather to set out the UK’s understanding of the term. See also e.g. ICTY, but UK, the to respect Protocolwith the of terms the modify to seek not does it because‘declaration’ a termed accuratelymore is it but ‘reservation’, a as UK the of ‘understanding’ the to refersSivakumaran Sivakumaran, S. in cited http://www.icrc.org/ihl.nsf/NORM/0A9E03F0F2EE757CC1256402003FB6D2?OpenDocument, 38 37 vanced byRogierBartels: ad been has position This ended. have to said be can NIAC a fulfilled, longer is no criterion either when but challenging, clearly is situations these fact in lishing Estab organization. of the criterion the fulfil longer no consequence, captured, a as may, group or killed are commanders senior its or fragments conflict a such to party is that group armed an when Further, weekly. even or daily necessarily not B. WHEN WHEN B.

These situations are governed by the international law of law enforcement, including, in particular, HRL. particular, in including, enforcement, law of law international the by governed are situations These R. Bartels, ‘Temporal Scope of Application of IHL: When do Non-International Armed Conflicts End? Conflicts Armed Non-International do When IHL: of Application ‘Temporalof Bartels,Scope R. Declaration of 28January1998, ICTY, As notedrelevantabove,As in amount treatiesnotviolence’ ofexplicitlydo sporadicacts ‘isolated and tion’ and‘intensity’fallingbelowthethresholdsetforapplicationofIHL. ‘organisa of level the of circumstance factual more the by rather but reached, peacesettlementnecessarilya virtue notbeingofNIACsbydothat only end Prosecutor v. Tadić D OES A h Lw f o-nentoa Amd Conflict Armed Non-International of Law The N ON- 37 As Sandesh Sivakumaran has noted, upon ratification of the the of ratification upon noted, has Sivakumaran Sandesh As 40 . Clashes between parties to a NIAC must be frequent but but frequent be must NIAC a to parties between Clashes I N T 38 ERNA T IONAL A not RMED CONFLI engaged in a NIAC. Such situations ap Ofr Uiest Pes 21, 233. p 2012, Press, University Oxford ,

Tadić CT Prosecutor v. Slobodan Miloš ević

decision, IHL applies ‘in ‘in applies IHL decision, E ND? ć Tadi 41

39 ------,

sometimes (unhelpfully) termed a ‘transnational armed conflict’. More controver More conflict’. armed ‘transnational a termed (unhelpfully) sometimes and al-Qaeda, Taliban, associated forces’. ‘the with against conflict’ armed it ‘global that a in US, the engaged by was past the in made been had arguments Some law. international of matter a as exists NIAC globalized a that mean though, not, does position This to another. territory one from to ‘spill-over’ respect with at least limitation, geographical strict such no arguably is there law, customary covered under be Further, not provisions. would treaty the by that territory little very is there to Conventions, party Geneva were the states member (UN) Nations United all 2016, November of as that, It is not contested here that an armed conflict may exist on ‘a single territory’, single ‘a on exist may conflict armed an that here contested not is It party. state a of authority the by governed is ongoing is conflict armed an which on territory the which in situation a to apply only sions provi the that or state single a of territory the to limited is conflict armed an that mean to taken be can This Parties’. Contracting High the of one of territory the in ‘occurring NIAC an to refers Conventions Geneva 1949 the to 3 Article Common spite theexistenceofaceasefire. de resumption, of risk real without confrontations armed of cessation lasting a of 47 ring intheterritory of 46 45 1 inthis referenceChapterTaliban. e.g.the the droppingSee,to quietly been has Administrationver,Obama the http://www.lawfareblog.com/2012/04/brennanspeech/.howe 2012,years, twoApril last 30 the DC, In Counterterrorism President’s the of Efficacy and Washington,Scholars, forCenter Woodrow InternationalBrennan, O.Wilson John Ethics of RemarksStrategy’, ‘The attacks.’ 9/11 the to response associated in and Taliban, forces,the al-Qa’ida, with conflict armed an in is States United the law, international of matter‘As Agency):a IntelligenceCentral US the of Director 2013, MarchCounterterrorism(since and 44 Harvard at Research University, Conflict 2003, p8.,at:http://www.hpcrresearch.org/sites/default/files/publications/Session3.pdf and , Policy Humanitarian on Program 2003, 27–29, January Cambridge, Law, Humanitarian International of Development and Reaffirmation the on Meeting Expert High-Level ContemporaryInternationalLawHumanitarianin Conflicts’, Background Paper prepared forInformal the 43 https://ihldatabases.icrc.org/applic/ihl/ihl.nsf/Comment. §489-491, xsp?action=openDocument&documentId=59F6CDFA490736C1C1257F7D004BA0EC. 2016, Convention, Geneva the on Commentary First ICRC, Character’, International an of Not Conflicts 3: ‘Article Gisel, L. and Geiss R. 42 that, today, it may have ‘a core territory plus overspill onto different territory’, different onto overspill plus territory core ‘a have may it today, that, exist, atleast,asamatteroflaw’. not does conflict armed non-international global a base…; territorial a ‘have must conflict armed an Sivakumaran, to international According global. simply be existing to NIAC an for law under possible not is it borders, international cross tainly C. THE GEO THE C.

Sivakumaran, o a epu dsuso o ti ise se eg, . ik, Te eprl cp o Apiain of Application of Scope Temporal ‘The Jinks, D. e.g., see, issue, this of discussion helpful a For Sivakumaran, L. Cameron, B. Demeyere, J-M. Henckaerts, E. La Haye and I. Müller, with contributions by C. Droege,Müller, C. I. contributionsby Hayeand with La E. Demeyere,Henckaerts, Cameron,B. J-M. L. Indeed, the text of Common Article 3 refers to ‘armed conflict not of an international character occur According to John Brennan, for example, then Assistant to the US President for Homeland Security Homeland for President US the to Assistant then example, for Brennan, John Accordingto War Report G RAPHI The Law of Non-International Armed Conflict The Law of Non-International Armed Conflict . one 44 C No such conflict exists under IHL/ICL. While an NIAC can cer can NIAC an While IHL/ICL. under exists conflict such No AL of theHighContracting Parties’ (author’semphasis). SC OPE OF A 42 45 N ON- I N T ERNA , p234. , p234. T IONAL 43 A If it is the latter, given given latter, the is it If RMED CONFLI CT 46 or or 47 ------

PART 1 : SUMMARY 25 THE WAR REPORT : ARMED CONFLICTS IN 2016 26 NIAC are also bound by both applicable treaty in certain circumstances, the 1977 Additional Protocol II. Protocol Additional 1977 the circumstances, certain in as, well as NIAC, an to applicable conflict armed of law the of provisions and other all law) international customary under application universal their of virtue (by Conventions Geneva armed 1949 the to non-state 3 Article or Common state includes always whether This groups. conflict, the to parties all to applicable is IHL unconnected. geographically are that tories’ terri ‘multiple across exist may conflict armed an whether of question the is sial or enforced disappearances —can never bejustified.’ and non-State collective entities, including armed groups. Acts violating ius cogens — for instance, torture individuals States, bind cogens) (ius law peremptoryinternational constituting obligations rights human UN doc A/HRC/19/69, 22 February 2012, §106: ‘In this regard, the commission notes that, at a minimum, 52 colour, sex, language,religion orsocial origin’. groundthe race,involvenoton of solely do discriminationinternational lawand under obligations other their with inconsistent not aremeasures such that provided situation, the of exigencies the requiredby strictly extent the ‘to only be must derogation Any proclaimed’. officially is which of existence the and nation the of life the threatens which emergency public of ‘time in occur only may Rights Political and 51 concerted military operations’ andto implementtheProtocol. and sustained out ‘carryto them enable to as so territory the of part controla they that and command; vernment and opposing ‘dissident’ armed forces; that the dissident armed forces are under a responsible go the forcesof armed the betweenconfrontation namely: ProtocolII, Additional 1977 the of plication 1949 August 12 of Conventions Geneva the ICRC, conflict’. armed non-international of situations all in applies which and 3, Article intensitycommon as application of of field degree same the certain exactly have nota does of conflicts to applies ‘only Protocol the that notes ICRC the article, 50 49 48 UN AssistanceMissioninAfghanistan(UNAMA)statedFebruary2012that: human rights obligations, for example where they control territory. For instance, the torture, and enforced disappearances). least peremptory HRL norms (e.g. prohibitions on summary or arbitrary executions, There is also increasing acceptance that non-state armed groups are also bound by at force. of use lawful determining framework legal the arguably is HRL areas, such outside while law, applicable the as regarded widely is conflict the law of armed conducted, actively are being hostilities in In which areas conflict applies to any hostile act by the non-state party on the territory of any of those foreignstates. of any of territory the on party non-state the by act hostile any to applies conflict the law of armed of state, that on behalf intervening states foreign involves conflict thatand group, armed non-state a against state one of territory the on exists NIAC D .

S Derogations from other human rights in accordance with the 1966 International Covenant on Civil on Covenant International 1966 the with accordance in rights human other from Derogations See, e.g., Report of the Independent International Commission of Inquiry on the Syrian Arab Republic, The scope of application of 1977 Additional Protocol II is set out in Art. 1. In its commentary on the on commentary its In 1. Art. in out set is ProtocolII Additional 1977 of application of scope The Ibid. Vité, ‘Typology of Armed Conflicts inInternational Humanitarian Law’, 74. UMMARY ternational human rights law increasingly recognizes that where non-State where that recognizes increasingly law rights human ternational in treaties, rights human international to parties become formally cannot groups, armed non-State including Afghanistan, in actors non-State While R ULES 49 A PPLI C A B LE IN A Commentary on the Additional Protocols of 8 June 1977 to 1977 June 8 of Protocols Additional the on Commentary , 1987, p 1348. Certain criteria are explicitly required for ap forrequired explicitly are criteria Certain 1348. 1987,p , 52 N They may also be bound by other customary ON- I N 48 T 51 According to one theory, where a where theory, one to According ERNA and customary human rights law. law. rights human customary and T IONAL 50 States engaged in an A RMED CONFLI CT - - - - No one may be convicted or sentenced, except pursuant to a fair trial affording all all affording trial fair a to pursuant except sentenced, or convicted be may one No prohibited. are executions arbitrary or Summary prohibited. is treatment grading gious beliefs. armed Murder, torture, rape, bodily injury, an or other cruel, humiliating, to or de party a reli and age, sex, their by with accordance in and humanely treated be must conflict detained Anyone prohibited. is liberty of Arbitrary deprivation taken. be not shall Hostages prohibited. are disappearances Enforced damage tocivilianobjects. avoid, and to to civilians, injury life, taken of civilian loss incidental be to minimize, in event and any must precautions feasible direct All and concrete anticipated. the advantage to military relation in both, of combination a or objects, civilian or civilians either to harm ‘excessive’ cause to expected be may they are if prohibited equipment) or personnel (military objectives military lawful against Attacks tute awarcrime. consti may rules these of any Violating prohibited. is suffering’, unnecessary or prohibited. injury superfluous to ‘of a cause nature are or weapons weapons, Use of indiscriminate objects, civilian and/or civilians and objectives military between distinguish not do that attacks namely attacks, Indiscriminate objectives. military lawfulnot are that areas or buildings any are objects Civilian objects. civilian tack at to prohibited is It crime. war a is age of years 15 than less children Recruiting hostilities. in part take to allowed nor groups, armed or forces armed into recruited be not must Children cause. other any or detention, wounds, sickness, of because is who or arms part his down laid direct has who no fighter any taking or hostilities, in civilian any attack to prohibited is it hostilities the of during conduct conflict, armed of law the of rules applicable on based Accordingly, Non-State Actors inAfghanistan’, 93 iv.p 2012,ArmedCasey-Maslen, Giacca,regardand LawS. ‘InternationalG. this and Bellal, in also See A. 53 as Russia, and Ukraine between conflict armed is there international that parallel (rulac.org), a Project arguably Conflicts Armed in Law of Rule the with line in Pakistan, and India between conflict the to addition In The following tables summarize the 13 IACs and 36 NIACs that took place in 2016. WHI 4. innocent presumed until provedguiltyaccordingtolaw. be shall offence criminal a with charged and Everyone conviction both sentence. against appeal to able be to and defence, genuine a conduct to opportunity the have to proceedings, court the understand to him/her, against charges the to know right a defendant’s includes This guarantees. judicial essential A .

I See, e.g., UNAMA, N T ERNA bound byinternationalhumanrightsobligations. are they territory, over control facto de exercise Taliban, the as such actors, C H T IONAL A RMED CONFLI Afghanistan: Annual Report 2011, Protection of Civilians in Armed Conﬂict A RMED CON IRRC FL CT 881(2011), pp47–79. I CT S S IN 2016 IN S OCC URRED IN 2016? IN URRED The War Report War The 53 hors de combat combat de hors considers, considers, , February - - - -

PART 1 : SUMMARY 27 THE WAR REPORT : ARMED CONFLICTS IN 2016 28 no determinationastowhetherbelligerentoccupationisoccurringin thesecases. of Tibet by China, by Tibet of Table 2. Belligerent occupations in 2016 in occupations Belligerent 2. Table the precedingyears(2015and2014). in as same the was 2016 in occupations belligerent of detail and (10) number The con Active 1. Table Kingdom) United the and Emirates Arab United Turkey, Arabia, Saudi Netherlands, Morocco, Jordan, Italy, Germany, France, Denmark, Canada, Belgium, (USA, Syria in strikes air conducting coalition international the composing states different the and Syria between conflicts armed international of series a as well Continuity_Brief.pdf. http://www.hawaiiankingdom.org/pdf/ 2013, August 4 Kingdom’, Hawaiian the ofthe of Government Legitimacy acting the and State Hawaiian the of Continuity ‘The Sai, Keanu David Dr. and (2002) 684 1 Law’,International Stateunder Independent of an as Continuityto Claim HawaiianKingdom’s the Question Unsettled the and Case Arbitration Kingdom Hawaiian ‘The P., Dumberry P. Kingdom.pdf; https://hawaiiankingdom.org/pdf/Continuity_Hawn_2002, July 12 Regency’, of Council Acting the for 56 asia-pacific-16689779 55 america-18425572 54 UK of the Falkland Islands/Malvinas (Argentina claims this as sovereign territory), the by occupation the include alleged been have that occupations belligerent Other 13 12 11 10 9 8 7 6 5 4 C 3 2 1 C onflict no. onflict no.

See, e.g., BBC News, ‘Tibet Profile — Overview’, 13 November 2014, http://www.bbc.com/news/world- See, e.g., M. Craven, ‘Continuity of the Hawaiian Kingdom: Being a Portion of a Legal Brief ProvidedBrief Legal a of Portion a Being Kingdom: Hawaiian the of Craven,‘Continuity M. e.g., See, See, e.g., BBC News, ‘Falkland Islands Profile’, 3 January 2017, http://www.bbc.com/news/world-latin- Western Western Ukraine S Palestine M L Georgia E C A L S Ukraine I L ndia andPakistan 55 ebanon ocation ofoccupation ocation ofconflict yria yria yprus ritrea zerbaijan oldova and of the state of Hawaii by the USA. the by Hawaii of state the of and ﬂ icts in2016 S ahara Turkey M R I I R I R E A O I Ukraine v. I conflict to Parties srael srael srael nternational coalition v. ndia v. Pakistan thiopia ussia ussian ussian rmenia ccupier orocco F F ederation ederation R ussia 56

The War Report War The S yria makes

655- 54

e Islami’ in September 2016. 2016. September in Islami’ e and the as known group ‘Hezb Afghanistan and as FARC, between well as, arguably, Colombia between 2016 in ended conflict A PKK. the and Turkey between 2015 in out broke conflict new A 2016. in occurred states 20 in NIACs 36 of total a least At B. B. 17 16 15 14 C 43 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 19 18 onflict no. N ON- I N T ERNA C Philippines Pakistan N M M M L L I I E DRC DRC DRC DRC C C A A A A S S S S S S S S S onflict location location onflict raq ndia ibya ibya yria yria yria yria yria udan udan . omalia gypt olombia olombia fghanistan fghanistan fghanistan fghanistan igeria yanmar yanmar ali S udan T IONAL A RMED CON Philippines v. groups splinter TTP and (TTP) Pakistan Tehrik-e-Taliban v. Pakistan N M M A M M L L I I A E DRC DRC L DRC L DRC C C A A A A conflict to Parties F Y S S S S S S S raq v. v. raq ndia v. ibya (withsupportoftheU ibya v. ibération du ibre et yria, yria v. yria, ree ree udan v. udan v. outh omalia, gypt v. Wilayat olombia v. olombia v. PG/ nsar nsar Beital- v. fghanistan v. fghanistan v. fghanistan v. Quetta fghanistan igeria v. Boko yanmar v. various armed groups, incl. incl. groups, armed v.various yanmar v. yanmar ission in ali andUnited vThe v. The (withsupportof v. S Y yrian R R D P S I A slamic ussia v. ussia v. J udan v. H N ine ine S llied v L J S E aiy’a Tahrir al- axalite FL ouverain ( ibya ustice and P thiopia, Kenya, Uganda,andU M N IS N LM A H N FARC ali ( duma duma I D rmy v. arakah al- ational M CT A R S / emocratic D I H H A I F bu wanda ( wanda aqdis) tate ( tate S slamic H slamic MIN ignity N ree ree ezb e aqqani - M udan People’s S aram (until S IN 2016 IN S N ations inai (‘ aoists D S orth D A ayyaf U H efense of S efense of IS E P SMA L yrian ezbollah MON quality iberation CLS A S I S ) S slami (until S Y FDLR hura Taliban S tate in in tate N lliance, tate ( tate N ham (former al- M aqin tate of of tate F ovember) etwork ) v. al-Qaedainthe ) orces/ ultidimensional U A SCO rmy SA ) IS M C C A ) v. ongo- ) ovement ( ovement L L ongo ( ) v. A S fghanistan (Khorasan Branch, Branch, (Khorasan fghanistan ibya iberation A inai’ or‘Province of rmy ( lliance desPatriotes pourun I S slamic F ept.) orces R D NDC énové ( ELN awn/ awn/ MNDAA N SA JEM usra front) S A ) D I ) ntegrated v. al- tate tate rmy (dissident faction) faction) (dissident rmy émocratiques pour la la pour émocratiques A I ) slamic NDC nsar al- , K S habaab NLA - R ) M S S S inai’, known as as known inai’, aghreb ( tabilization tabilization haria IS A C -K) Q ongo ongo IM ),

PART 1 : SUMMARY 29 THE WAR REPORT : ARMED CONFLICTS IN 2016 30 49 48 47 46 45 44 Y Ukraine Turkey Thailand Y Y emen emen emen Y al- Y Ukraine v. (PKK) Party Worker’s Kurdish v. Turkey Thailand v. Barisan emen v. emen v. al- H outhi v. al-Qaedainthe A D Q onetsk People’s H A outhi P R evolusi A R N epublic & rabian Peninsula Peninsula rabian asional independence movement movement independence asional L uhansk People’s A Q A P R epublic PART 1 : SUMMARY 31 THE WAR R THEEPOR WART :R AEPORRMEDT: A CONFLIRMED CONFLICTS CTINS 2016IN 2016 3232 see pp28-31 above. conflicts, armed of list complete a For concerned.conflict armed the of situation legal the on impact an 57 OF

The selection of armed conflicts has been made according to relevant facts which, we believe, have believe, we accordingrelevantwhich, factstomade been has conflicts armed of selection The S ELE CT ED KEY 57

A RMED CONFLI D EVELOPMEN IN 2016 P AR CT T T 2 S S

strikes by the coalition and Turkey on Syrian territory. air aerial the to consent government’s Syrian the of absence coalition the to due Turkey, and international US-led the of members and Syria between conflict armed international an arguably is there Second, group. State Islamic the against conflict armed non-international a in involved is U.S. the by led coalition international an addition, In State. between Islamic the itself conflicts calls that group armed the and groups rebel non-international different on-going also are There militia. ish of rebel groups, including the Free Syrian Army, the Islamic State group and Kurd a array wide against conflicts armed in non-international government are involved and its allies Syrian The territory. the in place taking conflicts armed ternational Syria in non-in overlapping and multiple are there First, qualification. double conflicts a under fall different the that position the takes 2016 Report War The org), (rulac. Project conflicts Armed in Law of Rule Academy Geneva’s the with line In Classiﬁcation oftheconﬂicts: 1. http://www.bbc.com/news/world-middle-east-14703856. 59 comment-page-1/. against-a-non-state-armed-group-trigger-an-international-armed-conflict-and-why-does-this-matter/ Why does this Matter?’, EJIL Talk, 18 October ‘When 2016, Does the at Use of : Force http://www.ejiltalk.org/when-does-the-use-of-force-Against a Non-State Armed Group https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Comment.xsp?action= Trigger an International Akande, §260 Dapo issue,Armed openDocument&documentId=BE2D518CF5DE54EAC1257F7D0036B518.this on See Conflict and State’, territorial the and ofterritorialthe State, wouldit to amount internationalan armed conflict between interveningthe State consent the without out carried be intervention State’s third the Should States. those involving conflictarmed the of character non-international or international the of determination the affects it as States sence or absence of consent is essential for delineating the applicable legal framework between the two 58 Novem in report first its in Council, Rights Human the by established Inquiry, of Commission International Independent UN The ill-treatment. or forms other and as known militia allied and forces security with operations joint in and, violently responded forces Government regime. Assad’s President of overthrowing the for and reforms for ing Anti-government protests erupted in Syria in March 2011, with demonstrators call Syria’s profile in The War Report is analysed in the international armed conflict conflict armed section. international the in analysed is Report War The in profile Syria’s A ARMED S .

H S ELE According to the 2016 ICRC Commentary on Article 2 of the Geneva Conventions of 1949: ‘The pre ‘The 1949: of ConventionsGeneva the of 2 Article on Commentary ICRC 2016 Accordingthe to Unless otherwise stated, this section is based on BBC News, ‘Syria Country Profile’, 5 December 2016, IS YRIA: YRIA: T ORY OF CT I N C T HE CONFLI REASIN ED IN Shabbiha C ONFLI G , engaged in excessive use of force, kidnappings, torture torture kidnappings, force, of use excessive in engaged , CT

F 59 T OREI

ERNA CT G N I S NVOLVEMEN T IONAL 58 For the sake of concision, concision, of sake the For T IN IN T

HE CONFLI CT

- - - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 33 THE WAR REPORT : ARMED CONFLICTS IN 2016 34 Aleppo had increased in July 2016, with the death toll standing at around 448 they wouldcoordinatetheirefforts. the from Syrian army), and the defectors Syrian National Council announced, of in December 2011, that largely (composed Army Syrian Free the group, opposition and the halting of hostilities. of peace halting the negotiated and a bring to mandate the with Envoy Special Joint as Annan Kofi of Aleppo for eight hours to allow civilians and rebels to flee the city. the flee to rebels and civilians allow to hours eight for Aleppo of bombardment their halt would Forces Syrian and Russia that announced Ministry A/HRC/S-17/2/Add.1, 23November 2011, §1. 60 manity’. hu against ‘crimes authorities Syrian by out carried abuses the called 2011, ber html?ref=world&_r=1&mtrref=undefined. http://www.nytimes.com/2016/10/18/world/middleeast/aleppo-syria-russia-ceasefire. 2016, October 69 edition.cnn.com/2016/07/28/middleeast/aleppo-syria-questions-ward/. 68 28 August 2016, http://edition.cnn.com/2016/08/28/middleeast/aleppo-barrel-bomb-wake-bombed/. 67 offensive-against-aleppo-rebels. https://www.theguardian.com/world/2016/sep/27/syrian-troops-launch-ground- 2016, September 27 66 65 un.org/News/Press/docs/2012/sgsm14124.doc.htm.www. 2012, February 23 SG/SM/14124, release Press Crisis’, Syrian on States Arab of League Nations, 64 October 2011, https://www.un.org/News/Press/docs/2011/sc10403.doc.htm. pressreleaseSC/10403,4 China’, Federation, VetoRussian toProtesters, by Anti-GovernmentOwing on 63 2013, www.cfr.org/syria/syrias-crisis-global-response/p28402. 62 4 (April2012). 61 suspended from the League, as well as being made the subject of sanctions (the (the sanctions regime). of the against sanctions subject instituted already had EU the the and U.S. made being as well as League, the from suspended was and cooperate to failed Government Syrian the violence, the ending at aiming workplan States Arab of League a to agreeing initially despite 2011, November In spiral ofviolence. ok ak h rblhl ct o Aep, fe itne combat. intense after Aleppo, of city rebel-held the back took government Syrian the when occurred development military dramatic a 2016, In sians planned to broadcast live scenes of evacuation, while the rebels vowed not to to not vowed rebels the while evacuation, of scenes live broadcast to planned sians the Syrian situation, Syrian the on Resolution Council Security a adopt to failure the and clashes violent of year a cluding 100 children) as of 28 August. 28 of as children) 100 cluding

Combating Terrorism Center at West Point (CTC), E. McKirdy and B. Hosseini, ‘Syrian Barrel Bomb Attack: At Least 16 Killed at Wake of Aleppo’, CNN, Aleppo’, Wakeof at Killed 16 Least At Attack: Bomb Barrel ‘Syrian Hosseini, B. and McKirdy E. For adetailed account of the facts, see theprevious editions of UN Security Council,CouncilSecurity‘Security Fails UN toAdopt Draft Resolution CondemningSyria’s Crackdown Z. Laub and J. Masters, ‘Syria’s Crisis and the Global Response’, Council on Foreign Relations, 3 April 3 ForeignRelations, on CouncilResponse’, Global the and Crisis ‘Syria’sMasters, J. and Laub Z. . ehprno ‘sal o Aep Wl Hl fr Hus Rsi Says’, Russia Hours, 8 for Halt Will Aleppo on ‘Assault Nechepurenko, I. C. Ward, ‘Aleppo Siege: Why Latest Developments Are So Significant’, CNN, 28 July 2016, http:// 2016, July 28 CNN, Significant’, So Are Developments Latest Why Siege: ‘AleppoWard, C. E. Graham-Harrison, ‘Syrian Troops Launch Ground Offensive Against Aleppo Rebels’, Aleppo Against Offensive GroundTroops ‘SyrianLaunch Graham-Harrison, E. N ertr-eea, SceayGnrl Kf Ann pone Jit pca Evy f United of Envoy Special Joint Appointed Annan Kofi ‘Secretary-General, Secretary-General, UN Report of the Independent International Commission of Inquiry on the Syrian Arab Republic, UN doc 60 The opposition became progressively organized when the main armed armed main the when organized progressively became opposition The 65

63 the UN Secretary-General and the Arab League appointed appointed League Arab the and Secretary-General UN the 64 Since then, the country has been plunged into a into plunged been has country the then, Since 61

68 On 20 October 2016, the Russian Defense Defense Russian the 2016, October 20 On An Overview of Syria’s Armed Revolution Armed Syria’s of Overview An The War Report The h Nw ok Times York New The 66 : 2012, 2013 and 2014. : 2012, 2013 and2014. The fighting in in fighting The 62 69 Following Following The Guardian The The Rus , Vol.,No. 5, 67 (in 17 , - - - ,

defense analysts at think-tank IHS Jane, IS lost about 12% of its territory in 2016, and about14%in2015 2016, in territory its of 12% about lost IS Jane, IHS think-tank at analysts defense city. the of sections held el government’s captures of the district the most significant regime advance since since advance regime September. significant most the district the of captures government’s the called Rights Human for Observatory Syrian UK-based The city. the into ridor on the southwestern outskirts of Aleppo that runs along the regime-controlled cor Syrian ceasefire. Syrian the end of the ceasefire deal. In December, Turkey and Russia brokered a marking nationwide Syria, in violence renewed of view in Russia with contacts diplomatic of suspension the declared formally U.S. the however, October In (HNC). Committee a and government Syrian Negotiations High the including groups, rebel opposition of coalition US-supported the between ceasefire a establishing on agreement an in 2015-2016. in place took talks intra-Syrian led UN of rounds several talks, peace to regard With a nearly year. for group the by occupied been had that city Syrian ancient an Palmyra, of seizure the like victories notable in with group advances State Islamic making the against been fight the have forces government Syrian the front, another On an left and warfare estimated 31,000peopledead,almostatenthofoverallwarcasualties. modern in sieges longest the of one represented it UN, the to According 2016. December 13 on ended Aleppo of battle the fighting, of years four after Finally, weeks. three about for Aleppo of parts eastern held rebel the in vailed leave the city. n yi, upSat oiia Poes Aotn Rslto 23 (06’ pes ees S/26, 31 SC/12663, release press (2016)’, December 2016, https://www.un.org/press/en/2016/sc12663.doc.htm. 2336 Resolution Adopting Process, Political Jump-Start Syria, in 78 aljazeera.com/news/2016/12/russia-turkey-broker-nationwide-ceasefire-deal-161229154943609.html. 77 76 aljazeera.com/news/2016/12/isil-fighters-enter-syria-ancient-city-palmyra-161210175629614.html. 75 http://www.nytimes.com/2016/04/05/world/middleeast/palmyra-syria-isis.html. 74 unog/website/news_media.nsf/(httpPages)/E409A03F0D7CFB4AC1257F480045876E?OpenDocument. 73 syria-aleppo-russia-airstrikes.html?ref=world&mtrref=www.nytimes.com&_r=0. Syria’, 72 com/news/2016/11/syria-army-significant-gains-aleppo-161109053124711.html. 71 com/news/2016/10/russia-extends-humanitarian-pause-aleppo-attack-161019205535009.html. 70 in supportofeffortsbyRussiaandTurkeytoendtheviolenceSyria.

Al Jazeera, ‘Syrian Army Makes Significant Gains in Aleppo’, 9 November 2016, http://www.aljazeera. UN Office at Geneva, ‘Intra-Syrian Negotiations — Key Dates of the Peace Process’, http://www.unog.ch/ Al Jazeera, ‘Russia, Turkey Broker “nationwide” Ceasefire Deal’, 30 December 2016, http://www. 2016, December 30 Deal’, Ceasefire “nationwide” BrokerTurkey ‘Russia, Jazeera, Al Al Jazeera, ‘ISIL Fighters Re-Enter Syria’s Ancient City of Palmyra’, 10 December 2016, http://www. 2016, December 10 Palmyra’, of City Ancient Syria’s Re-Enter Fighters ‘ISIL Jazeera, Al B. Denten, ‘A Jewel in Syria Where Ruins Have Been Ruined by ISIS’, A. Barnard and I. Nechepurenko, ‘Airstrikes on Aleppo Resume as Russia Begins New Offensive in Offensive New Begins Russia as Resume Aleppo on ‘AirstrikesNechepurenko, I. and Barnard A. UN Security Council, ‘Security Council Supports Russian Federation-Turkey Efforts to End Violence End to Federation-TurkeyEfforts Russian Supports Council ‘Security Council, Security UN See UNOffice atGeneva, ‘Syria Peace Process’, http://www.unog.ch/Syria. Al Jazeera, ‘Russia Extends ‘Humanitarian Pause’ in Aleppo Attack’, 19 October 2016, http://www.aljazeera. 74 The New York New The Times Islamic State, however, re-captured the city in December 2016. According to According 2016. December in city the re-captured however, State, Islamic 71 On 15 November 2016, Russia resumed airstrikes on the besieged reb besieged the on airstrikes resumed Russia 2016, November 15 On 76 70 In September 2016, foreign ministers of Russia and the U.S. reached U.S. the and Russia of ministers foreign 2016, September In On 9 November 2016 the Syrian army claimed it took over a district a it over took district claimed army the Syrian 2016 On 9 November 77 The UN Security Council unanimously adopted resolution 2336 resolution adopted unanimously Council Security UN The , 15 November 2016, http://www.nytimes.com/2016/11/16/world/middleeast/ .75 72 The fighting shattered the relative calm that had pre The The New York Times 78 , 4 April 2016, 73 - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 35 THE WAR REPORT : ARMED CONFLICTS IN 2016 36 who called upon members of the Syrian army to defect and join them. join and defect to army Syrian the of members upon called who military Syrian the from of deserters group by a uniformed on internet the released video a in 2011 July 29 on announced was formation (FSA) Army’s Syrian Free The a. Free Syrian Army and theKurdishSyrianarmedgroupsYPG-YPJ. al-Sham, Ahar al-Nusra), Jabhat (formerly Al-Sham Fatah Jabhat group, State lamic in Syria in conflicts armed Is the Army, Syrian Free the Hezbollah, and Russia by supported Syria, were 2016 non-international different the to parties main The 2. Non-International ArmedConﬂicts the central region (Homs, Hama, and Rastan), the coast around Latakia, the south south the Latakia, around coast the Aleppo), Rastan), and (Idlib, Hama, (Homs, region north-west central the the in active are Forces countryside. the in and areas 30-50% throughdesertions,defectionsanddeaths. by shrunk have and conflict the before personnel 300,000 around numbered forces armed the that reported is It unknown. is army Syrian the of strength current The a. Syrian ArmedForces Saudi Arabia,Turkey,UnitedArabEmiratesandtheKingdom. Netherlands, Morocco, Jordan, Italy, Germany, France, Denmark, Canada, Belgium, are coalition the of part states The coalition. international US-led the of members different the and Syria were 2016 in conflict armed international the to parties The 1. InternationalArmedConﬂict ing intra-SyriannegotiationsconvenedbytheUNinGenevaon23February2017. al monitoring body to enforce the 30 December ceasefire, preparing for the upcom ended with an agreement among the three sponsors of the talks to set up a trilater which discussions, the attended also Syria for Envoy Special UN’s The Kazakhstan. Astana, in Iran and Turkey opposition Russia, by and sponsored delegation meeting a attended government groups rebel Syrian the 2017, January 25 to 23 From War, March 2012, p9,www.understandingwar.org/sites/default/files/Syrias_Armed_Opposition.pdf. 81 July 2011, www.joshualandis.com/blog/free-syrian-army-established-to-fight-the-syrian-army/. 80 http://www.reuters.com/article/2014/09/18/us-syria-crisis-military-idUSKBN0HD0M420140918. 79 ing Syrian National Council. National Syrian ing the with unified, more Free Syrian Army agreeing to coordinate its efforts with the non-violence-advocat became opposition Syrian the 2011, December In Druze. and Palestinians, Turkmen, Kurds, of up made battalions includes also ganisation or the community), largest (Syria’s Arabs Sunni are members FSA’s the of most B. B.

P J. Holliday, ‘Middle East Security Report No. 3: Syria’s Armed Opposition’, Institute for the Study of Study the for Institute Opposition’, Armed Syria’s 3: No. Report Security East ‘Middle Holliday, J. S. Westall, ‘Assad’s Army Stretched but Still Seen Strong in Syria’s War’, Reuters, 18 September 2014, J. Landis, ‘Free Syrian Army Founded by Seven Officers to Fight the Syrian Army’, Syria Comment, 29 AR T IES T O T HE CONFLI CT 81 S The FSA operates throughout Syria, both in urban urban in both Syria, throughout operates FSA The 79

80 Although Although - - - - - split from Al-Nusra and began acting under the name Islamic State of Iraq and and Iraq of State al-Baghdadi. Bakr Islamic Abu of leadership name the under Al-Sham, the under acting began and Al-Nusra from group split the 2013 May In al-Zaqahiri. Ayman al-Qaeda, of leader the Mohammed and Abu al-Jawlani, Al-Nusra, Jabhat of leader the both by rejected was declaration unilateral this However, Levant. the and Iraq of State Islamic the as known also Al-Sham, and Iraq of State Islamic the group form to his Al-Nusra that Jabhat with announced merging was al-Baghdadi, Bakr Abu Iraq, of State Islamic affiliated al-Qaeda the of leader the 2013, April In Iraq. in al-Qaeda of out growing 2013 early in formed IS was (ISIL), Levant the and in Iraq State Islamic name, former its Under c. Islamic State(IS) changed itsnameandannouncedsplitfromal-Qaeda. the group in 2016, However, list. sanctions al-Qaeda Council on the Security placed group was group the the Thereafter, 2013. in April to inception, al-Qaeda allegiance its its pledged formally since al-Qaeda of affiliate Syrian the as Considered Iraq. of State Islamic the of veteran a be to believed is al-Jawlani Mohammed Abu er, Tahrir Haiy’a Iraq, lead Its of 2012. January in State formation its announced Islamic Front) Nusra (former then al-Sham the of help the with up set Reportedly b. Haiy’a Tahrir al-Sham (formerJabhat Fateh al-Sham,formerNusra Front) the groundunderajointcommand. on groupings militarized and groups armed other and brigades various Army the Syrian of Free co-ordination effective of talk to possible not is it However, nents. oppo other and regime the against operations coordinate to operate, they where areas the in coalitions forming by power share Army Syrian Free the with nating coordi partly or affiliated actors non-State armed operating of tens the of Many from al-Qaeda, it expanded its operations in Syria and experienced military success success military experienced and in Syria operations its it expanded al-Qaeda, from to gathercashandassetsworthup$2bn. IS enabled have businesses, local of extortion the and smuggling as such activities, criminal and donors foreign from in income with fields combined oil Syria eastern of and seizure Iraq and invasions these through seized Fallujah, funds The Raqqa, Mosul. including and cities, major several capturing Iraq, and Syria both in (Daraa and Houran), the east (Dayr al-Zawr, Abu Kamal), and the Damascus area. fighters-in-syria/. 85 http://www.theguardian.com/world/2014/jun/15/iraq-isis-arrest-jihadists-wealth-power. 84 bbc.com/news/world-middle-east-28749734. 83 edu/wp-content/uploads/2012/04/CTCSentinel-Vol5Iss41.pdf. 82 joined the group. have Islamic State claims Syria to have in fighters from the UK, fighters France, Germa Western of 80% about that state estimates Some 85 30,000. over to 12,000 risen around from vary fighters significantly of number the have of Estimates years. numbers five last the Its unclear. is size precise IS’s Currently

BBC News, ‘Profile of Islamic State and Leader, Abu Bakr al-Baghdadi’, 12 August 2014, http://www. R. Barrett, R. D.H. Flood, ‘An Overview of Syria’s Armed Revolution’, 5 Revolution’, Armed Syria’s‘An of Flood, Overview D.H. M. Chulov, ‘How an Arrest in Iraq Revealed Isis’s $2bn Jihadist Network’, Foreign Fighters in Syria in Fighters Foreign , The Soufan Group, June 2014, http://soufangroup.com/foreign- 2014, June Group,Soufan The , 84 CTCSentinel 83 4 (April 2012), www.ctc.usma.2012), (April 4

Despite IS’s separation separation IS’s Despite The Guardian The , 15 June 2014, 82 - - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 37 THE WAR REPORT : ARMED CONFLICTS IN 2016 38 bility of military action. Protection Units (YPG) and the Women’s Protection Units (YPJ) hold the responsi the is and 2014 January in formed was Rojava in in Self-Administration areas Democratic the The from 2012. withdrew largely forces government since Front, Al-Nusra the and State Islamic the notably Syria, in active groups armed Islamist fighting been mainly has It Syria. Kurdish-populated in force’ military dominant ‘the is YPG-YPJ e. YPG-YPJ the on not is Security Councilal-Qaedasanctionslist. but affiliates, al-Qaeda to ties has group The groups. rebel powerful most and largest the of one considered is Levant the of Men Free the of Movement Islamic the or al-Islamiyya, al-Sham Ahrar Harakat as known also al-Sham, Ahrar d. Ahraral-Sham children. including fighters, recruiting forcibly and journalists, and civilians of beheadings public and kidnappings out carried operations, military during ers controlled remote or car bombs, to cause mass civilian casualties, executed and tortured captured fight suicide as such weapons, explosive used extensively has IS largely dominatedbyforeignfighters. is structure leadership IS the Syrians of thousands of recruitment the Despite sus. ny, and other European countries, as well as the US, the Arab world and the Cauca world/para/ypg.htm 89 88 https://web.stanford.edu/group/mappingmilitants/cgi-bin/groups/view/523. 87 Rule of Terror: Living underISISinSyria, 14November §13. 2014, 86 estimates place the number at around 30,000. around at number the place estimates it alsoengagesinfightingwithothernon-statearmedgroups. but IS, against fight mainly to (SDF) Forces Democratic Syrian called created coalition the Council, Military Syriac the and Army Revolutionary the as such ANSAs used against Israel in the 2006 war. Starting in April 2013 (and possibly earlier), earlier), possibly (and 2013 April in Starting war. 2006 the in Israel against used firepower considerable its army, Lebanese the of those ways, exceed now some capabilities In its Resistance. Islamic the wing, and military its disarm to strengthen to pressure continued resisted Hezbollah 2000, in withdrew Israel After 1970s. and 1960s the in Lebanon in revival Islamic Shia the to back stretch roots logical of Iran during the Israeli occupation of Lebanon in the early 1980s, though its ideo help the with emerged It Lebanon. in social power and considerable wields that military, organization political, Islamist Shi’a a is — God of Party the — Hezbollah f. Hezbollah

Stanford University, ‘Mapping Militant Organizations’, Geneva Call,‘Syria’, http://www.genevacall.org/country-page/syria/. GlobalSecurity.org, ‘Kurdish People’s Protection Unit YPG’, http://www.globalsecurity.org/military/YPG’, Unit Protection People’s ‘Kurdish GlobalSecurity.org, — Republic Arab Syrian the on Inquiry of Commission International Independent the of Report UN, de facto de governing authority in the Kurdish areas, in which the Peoples’ Peoples’ the which in areas, Kurdish the in authority governing 88 YPG declared it had 50,000 fighters though independent independent though fighters 50,000 had it declared YPG 86 87 89 YPG-YPJ has, together with other other with together has, YPG-YPJ - - - - expansion of the YPG in the same area. same the in YPG the of expansion the contain to and area border the in IS against offenses their in groups armed an Syria. in group targeting the airstrikes further conducted and U.S. the by led group State Islamic the In September 2015 Russia began launching air strikes against rebels, saying the the saying rebels, against Islamic State(IS)and‘allterrorists’weretargets. strikes air launching began Russia 2015 September In Kingdom. United the and Emirates Arab United Turkey, Arabia, Saudi lands, Nether Morocco, Jordan, Italy, Germany, France, Denmark, Canada, Belgium, are tween Turkish armed forces and the YPG during the operation. the during YPG the and forces armed Turkish tween alition have conducted a total of 7, 421 in Syria. in 421 7, of total a conducted have alition tributed 3,500 troops, 200 special force agents. As of February 2017, the U.S. and co State of Iraq and the Levant (ISIL) (Operation ‘Inherent Resolve’). ‘Inherent (Operation (ISIL) Levant the and Islamic Iraq of State The defeat to coalition international broad a of formation the an nounced Obama President 2014, September 10 On ago. years five over began the conflict since increased significantly has war civil Syrian the in involvement Foreign of Shia-ledIran,inhisstruggleagainsttherebels. ally a close al-Assad, President support to border the across fighters sent Hezbollah August 2016, http://www.reuters.com/article/us-mideast-crisis-syria-turkey-idUSKCN10Z07J. 97 06995, 8 November 2016, p 17, http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06995. 96 ISIS Stronghold’, 95 www.bbc.com/news/world-europe-33646314. against-isis-in-syria-reports; BBC News, ‘Turkey Bombs Islamic State Targets in Syria’, 24 July 2015, http:// Guardian 94 https://www.theguardian.com/politics/2015/dec/01/syria-airstrikes-everything-you-need-to-know. Guardian The Youworld-middle-east-23849587;Airstrikes:EverythingKnow,’ WeaverBorger ‘Syria to J.M. Need and 93 92 91 world-middle-east-10814698. www.bbc.com/news/ 2013, December 4 Movement’, Hezbollah Lebanon’s ‘Profile: News, BBC also see Guardian 90 IS after it launched its first airstrikes against Islamic State group targets in July July in targets group State Islamic 2015. against airstrikes first against its Syria launched in it conflict after IS armed non-international the to party a became Turkey IN KEY C.

T U.S.Department of State, ‘The Global Coalition to Counter ISIL’, http://www.state.gov/s/seci/. H. Pamuk and U. Bektas, ‘Turkey Fires on U.S.-Backed Kurdish Militia in Syria Offensive’, Reuters, 26 Reuters, Offensive’, Syria in Militia KurdishU.S.-Backed ‘Turkeyon FiresBektas, U. and Pamuk H. BBC News, ‘Syria Crisis: Where Key Countries Stand’, 30 October 2015, http://www.bbc.com/news/2015, October 30 Stand’, Countries KeyWhere Crisis: ‘Syria News, BBC C.Mills, ‘ISIS/Daesh: The Military Response inIraq and Syria’, House Commonsof Library Briefing Paper U.S U.S Department of Defence, at: https://www.defense.gov/News/Special-Reports/0814_Inherent-Resolve T. Arango, A. Barnard and C. Yeginsu, ‘Turkey’s Military Plunges Into Syria, Enabling Rebels to Capture C. Letsch, K. Shaheen and S. Ackerman, ‘Turkey Carries Out First Ever Strikes Against Isis in Syria’, I. Black and D. Roberts, ‘Hezbollah is Helping Assad Fight SyriaNasrallah’,SaysHassanFight Assad Uprising, D. Helping and is Roberts,Black ‘Hezbollah I. HE CONFLI 94 In August 2015, Turkey announced that it had joined the coalition against against coalition the joined had it that announced Turkey 2015, August In D , 24 July 2015, https://www.theguardian.com/world/2015/jul/24/turkish-jets-carry-out-strikes-2015, July 24 , www.theguardian.com/world/2013/apr/30/hezbollah-syria-uprising-nasrallah;2013, April 30 , EVELOPMEN , 1December 2015, The New York New Times The CT 95 The operation pursued the dual objective of supporting Syri T S IN 2016: IN S , 25August 2016, http://nyti.ms/2bFfeap. I N C REASIN 96 Reportedly, armed clashes broke out be G

F OREI 92 93 90 The other states in the coalition coalition the in states other The

G N I NVOLVEMEN 97 The Syrian gov 91 The U.S. con T

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PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 39 THE WAR REPORT : ARMED CONFLICTS IN 2016 40 investigation of serious crimes committed in Syria since 2011. since Syria in committed crimes serious of investigation the in assist to UN mechanism a the establishing 2016, resolution a 21, adopted December Assembly on General issue, the on deadlock UNSC the on Confronted war crimes. possible of investigation for Court Criminal International the to Syria in the situation refer to Council Security UN the urged again Ki-moon Ban Secretary-General prosecuted and confirmed it was working to find a way for the ICC prosecutor to to launch an investigation into attacks prosecutor on rebel held ICC eastern Aleppo. the for way a be find to to working was Russia it for confirmed and called prosecuted Hollande François President French the 2016, October In (ICC). Court Criminal tional Interna the of Statute Rome 1998 the to party state a not but signatory a is Syria the Syrianarmedforces. of support in troops ground sent Iran that reported been also has It troops. combat some and training as well as support, financial and technical logistical, including Government, Syrian the for support significant provided has Iran and allies, tegic stra close are Syria and Iran conflict. Syrian the in present much very also is Iran ernment condemned the Turkish operation. Name=worldNews. www.reuters.com/article/us-mideast-crisis-syria-warcrimes-idUSKBN15V1QU?feedType=RSS&feed 104 war-crimes-investigations. https://www.hrw.org/news/2016/12/21/syria-un-general-assembly-adopts-resolution-2016, December 103 www.foxnews.com/world/2016/10/10/un-chief-again-urges-un-to-refer-syria-situation-to-icc.html 102 www.bbc.com/news/world-europe-37611151. 101 www.bbc.com/news/world-middle-east-34572756. 100 net/news/russia-bombs-islamic-state-held-town-syria-aids-turkish-advance-1956435883. ‘Russia Bombs IS-held Town in Syria, Aids Turkish Advance’, Eye, http://www.reuters.com/article/us-mideast-crisis-syria-turkey-idUSKBN13W0XQ;East29 2016, Middle December 2016, http://www.middleeasteye. 99 www.syrianobserver.com/EN/News/31549/Syria_Condemns_Turkey_Breach_Sovereignty_Jarablus. 98 responsible’. those identify and - genocide and humanity against crimes crimes, war primarily — crimes international to amount that abuses worst the on files prepare and nize orga information, analyse to objective the with 2017 February in Geneva in met D . WAR CRIMES CRIMES WAR .

The Syrian Observer, ‘Syria Condemns Turkey’s Breach of Sovereignty in Jarablus’, 25 August 2016, http:// Reuters, ‘Turkish Air Strikes Kill 23 Islamic State Militants in Syria’s Al-Bab Region – Army’, 7 December BBC News, ‘Syria Conflict: France Wants Russia on War Crimes Charges, 10 October 2016, http:// 2016, October 10 Charges, Crimes War on Russia Wants France Conflict: ‘Syria News, BBC Human Rights Watch, ‘Syria: UN General Assembly Adopts Resolution on War Crimes Investigations’, 21 Fox News, ‘UN Chief Again Urges UN to Refer the Syria Situation to ICC’, 10 October 2016, http:// 2016, October 10 ICC’, to Situation Syria the Refer to UN Urges Again Chief ‘UN News, Fox S. Nebehay, ‘New U.N. Team Aims to Bring Syria War Crimes to Court’, Reuters, 16 February 2016, http:// H. Bastani, ‘Iran Quietly Deepens Involvement in Syria’s War’, BBC News, 20 October 2015, http:// 2015, October 20 News, War’,BBC Syria’s in Involvement Deepens Quietly ‘Iran Bastani, H. 102 104

A LLE G A T 100 IONS, IONS, I NVES T I G A T IONS, AND AND IONS, 98 The Turkish operation is ongoing. is operation Turkish The P ROSE C U T 103 IONS 101 The new body body new The Soon after the the after Soon 99 - - -

ward in November 2007 in Madrid. The Principles aimed to serve as a basis for a for basis a as serve to aimed Principles The Madrid. in 2007 November in ward for put Principles Basic of proposal a in resulted negotiations Process Minsk The the RussianFederation,andU.S. France, Security namely states, Co-Chair for Group’s Minsk (OSCE) in Europe and Co-operation Organization the of Presidents the by led Process Minsk the of frame work the under made been have conflict the settle to Since attempts 1994. 1992, May 12 February on signed was conflict the to parties the between ceasefire A ethnic and Azeris fromArmenia. Azerbaijan from Armenians ethnic of expulsion and sides, both from flows refugee massive casualties, 20,000 than more Azerbaijan, of territory the of one-seventh than more of occupation to led conflict armed The gorno-Karabakh. Na as well as Azerbaijan and Armenia from forces between 1992 February in flict con armed into erupted Nagorno-Karabakh of region long-disputed the over ris The re-emergence of violence in the late 1980s between ethnic Armenians and Aze territory. Azerbaijani of occupation Armenian continued of virtue by 2016 in conflict armed international an in involved were Azerbaijan and Armenia Classiﬁcation oftheconﬂict: 2. crimes inSweden,wherehehadtravelledandappliedforasylum. war for in prison to life sentenced was in 2012 soldiers Syrian captured of ing seven kill mass the in part took who rebel Syrian former a case, remarkable a in Finally, uoe1451, n ‘zrajn rfl — ieie, 0 ac 21, www.bbc.co.uk/news/ 2012, March 20 Timeline’, www.bbc.co.uk/news/world- — 2013, Profile February world-europe-17047328. ‘Azerbaijan 27 and Timeline’, europe-17405415, — Profile ‘Armenia europe-18270325, 106 https://www.nytimes.com/2017/02/16/world/europe/syrian-rebel-haisam-omar- 2017, sakhanh-sentenced.html?_r=0. February 16 105 Azerbaijan. and Armenia between Contact of armed Line the along involving incidents ceasefire the of violations regular with unsolved remains ation situ Nagorno-Karabakh the conflict, the of settlement peaceful a for negotiations continued and by OSCE, the is monitored which ceasefire, 20-year-long the Despite peacekeeping operation. a include would that guarantees security international as well as self-governance and security for guarantees providing Nagorno-Karabakh for status interim an and the return of the territories surrounding Nagorno-Karabakh to Azerbaijani control call and Azerbaijan and Armenia between settlement comprehensive A . H N

C. Anderson, ‘Syrian Rebel Gets Life Sentence for Mass Killing Caught on Video’, e, .. BC es ‘aon-aaah rfl’ 3 My 02 www.bbc.co.uk/news/world- 2012, May 30 Profile’, ‘Nagorno-Karabakh News, BBC e.g., See, IS A T G ORY OF ORNO-KARA T HE CONFLI 106 B A CT K H: S EVERE CLASHES IN A PRIL 2016 105 The New The YorkNew Times

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PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 41 THE WAR REPORT : ARMED CONFLICTS IN 2016 42 Azerbaijan allegedArmeniahadbeenusingwhite-phosphoruschemicalweapon. ued atasteadyratethroughout2015. contin violations ceasefire and 2014, November in helicopter Armenian an down bakh region 119 times within a period of 24 hours in the first week of April 2016. April of week first the in hours 24 of period a within times 119 region bakh Nagorno-Kara the in ceasefire the violating of separatists backed Armenian cused ac ministry defense Azerbaijan’s 2016, April 7 on out, broke fighting the after Soon Karabakh. Nagorno into 10km than more penetrated fire artillery but (LOC) Contact of Line the to close areas to confined was fighting Ground Azerbaijan. and Karabakh between line front the along all Karabakh Nagorno in out broke fighting intense 2016, April 1–5 Between killing more than sixty people. reportedly ceasefire 1994 the of violation in resumed fighting 2016, April early In reserve. in 210,000 further a and personnel tary mili frontline active 70,000 some have to source one by estimated was Armenia Azerbaijan. and Armenia were conflict the to parties The www.cnsnews.com/news/article/azerbaijan-alleges-white-phosphorus-use-karabakh-fight 112 http://www.rferl.org/a/azerbaijan-armenia-karabakh-cease-fire-violation- 2016, nakhchivan/27659695.html. April 7 Fire’, Cease- 111 www.france24.com/en/20160405-minsk-group-austria-meeting-end-fighting-nagorno-karabakh. 110 nkr.,am/en/ceasefire-agreement/147/. 109 power.com/country-military-strength-detail.asp?country_id=azerbaijan. 108 forces website iswww.mil.am/. armed Armenia of Republic The power.com/country-military-strength-detail.asp?country_id=armenia. 107 wide arrayofconventionalweaponryispossessedbybothstates. back Azerbaijan ‘until the end’. end’. the ‘until Azerbaijan back would he said Erdogan Tayyip Recep President Turkish and mediator, a as serve to pledged Iran balance’. ‘in sides both to arms of sales Moscow’s keep would and ers Moscow called for an immediate ceasefire. Russia hinted it may deploy peacekeep 70,000 active frontline military personnel and a further 300,000 in reserve. in 300,000 further a and personnel military frontline active 70,000 C. KEY KEY C. B.

Radio Free Europe Radio Liberty, ‘Azerbaijan Accuses Nagorno-Karabakh Separatists of Violating of Separatists Nagorno-Karabakh Accuses ‘AzerbaijanLiberty, Radio Europe Free Radio CNS News‘AzerbaijanCNS (AP), AllegesWhite-Phosphorus KarabakhUsein Fight’, 11 May 2016,http:// France 24, ‘Azerbaijan Agrees Truce with Authorities in Nagorno-Karabakh’, 5 April 2016, http:// 2016, April 5 Nagorno-Karabakh’, in Authorities with Truce Agrees‘Azerbaijan 24, France lbl ieoe, Amna iiay tegh, at pae 7 ac 21, http://www.globalfire 2017, March 7 updated last Strength’, Military ‘Armenia Firepower, Global AR Global Firepower, ‘Azerbaijan Military Strength’, last updated 7 March 2017,Marchhttp://www.globalfire 7 updated last Firepower,Strength’,‘Azerbaijan GlobalMilitary Nagorno-Karabakh Republic Ministry of Foreign Affairs Republic, ‘Cease- Fire Agreement’, http:// Agreement’, Fire ‘Cease- Republic, Affairs Foreign of Ministry Republic Nagorno-Karabakh T D IES EVELOPMEN T O T HE CONFLI T S IN 2016: IN S CT 109 S Prior to this incident, Azerbaijani forces had shot shot had forces Azerbaijani incident, this to Prior EVERE CLASHES IN 110 107 Azerbaijan is estimated to have have to estimated is Azerbaijan A PRIL 2016 PRIL 108 112 A 111 - - - - -

eos and pictures of his severed head posted on social networks. n pi 21 te uoen musa Isiue EI ise a ttmn con statement a issued (EOI) Institute Ombudsman European the 2016 April In action, in killed been had who a Sloyan Kyaram soldier, Yazidi-Armenian of body the decapitated forces Azerbaijani that reported was it 2016, April 4 On line ofcontactandamutualreadinesstoengageinpeaceprocess. the along monitors OSCE of number increase to agreement an announcing leased a re was statement joint for a talks, the after Shortly Nagorno-Karabakh. in potential settlement the discuss to Petersburg St. in met Azerbaijan Presidents and Putin, Armenia from Vladimir leader Russian by held meeting trilateral a in Finally, The OSCEcondemnedtheviolenceaswell. at/?EOI%20-%20Statements. 119 Caucasian Knot, 26 April2016 ,http://www.eng.kavkaz-uzel.eu/articles/35390/. 118 117 http://ezidipress.com/en/karabakh-conflict-azerbaijani-soldiers-behead-ezidi-soldier-from-armenia/. 116 article1686450.ece?CMP=OTH-gnws-standard-2016_04_09. The Sunday Times 36-killed-soldiers.html;D. Beliakov Franchetti,M. and ‘Former Russian States ofBrink on Renewing War’, 2016, http://armenpress.am/eng/news/842717/nagorno-karabakh-defense-ministry-releases-names-of- 115 Nagorno- Karabakh’, 20 June2016, http://www.rferl.org/a/talks-on-nagorno-karabakh/27809257.html. 114 http://www.latimes.com/world/europe/la-fg-nagorno-karabakh- 2016, April 20160419-story.html. 19 Times, Angeles Los 113 objects inNagorno-Karabakh. civilian on attacks and civilians regarding rights human of violation any demning asia/caucasus/azerbaijan/nagorno-karabakh-new-opening-or-more-peril More Peril? Report n°239, 4 July 2016, https://www.crisisgroup.org/europe-central- or Opening, New Nagorno-Karabakh: Group, Crisis International reading: Further no tracesofviolenceweredetectedonthebodies. and observers, international of presence the in over handed were soldiers Armenian the of bodies the all that claimed and information this denied Ministry Defense jani bodies, lackofrespectfortheirprivacy,anddiscriminationbasedonnationality. (ECHR), claiming a Rights violation of the Convention with regard to the inhuman treatment of Human the of Court European the to Azerbaijan against complaint a filed escalation the during beheaded and killed soldiers Armenian three of Relatives D . WAR CRIMES CRIMES WAR .

Azvision, ‘Armenian Soldiers’, 3May 2016, http://en.azvision.az/news.php?id=36565. . ioae, Hr’ Wy ‘rzn Cnlc Bten rei ad zrajn a Gte Hot’, Gotten Has Azerbaijan and Armenia Between Conflict ‘Frozen’ a Why ‘Here’s Mirovalev, M. repes ‘aon Krbk Dfne iity eess ae o 3 Kle Slir’ 8 April 8 Soldiers’, Killed 36 of Names Releases Ministry Defense Karabakh ‘Nagorno Armenpress, A. uoen musa Isiue ‘ttmn EI aaah 1 Arl 06 http://www.eoi. 2016, April 11 Karabakh’ EOI ‘Statement Institute, Ombudsman European 2016, April 4 Armenia’, From Ezidi Behead Soldiers Azerbaijani Conflict: ‘Karabakh Press, Ezidi ai Fe Erp Rdo iet, Laes f zrajn Amna et ih ui fr ak on Talks for Putin With Meet Armenia Azerbaijan, of ‘Leaders Liberty, Radio Europe Free Radio Martirosyan , 10 April 2016, http://www.thesundaytimes.co.uk/sto/news/world_news/Middle_East/ , ‘Complaint About Beheading of Armenian Soldiers Filed to ECtHR, Advocate Reports’, A LLE G A T IONS, IONS, 119 I

NVES T I G A T IONS, AND AND IONS, 113 117

P ROSE C 116 U On 3 May Azerbai T IONS 114

115 with vid with 118 - - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 43 THE WAR REPORT : ARMED CONFLICTS IN 2016 44 this. bombs aroundciviliansettlementsinNKR. effectivelypartitioned with the northern third inhabited by Turkish Cypriots and the GreekgovernmenttheislandAthens.backedthemilitaryby Cyprus inwas on coup Cyprusbeendividedhassince 1974whenTurkey invaded responsenorththein a to of continued Turkish occupation of territory in the north of the Republic of Cyprus. Cyprus and Turkey were involved in an international armed conflict in 2016 by virtue Classiﬁcation oftheconﬂict: 3. including civilians. sides, both on casualties 350 estimated Department State US the of member senior a Overall, specified. not was number the although comparatively’, including ties, casual of number huge a ‘took Azerbaijan Department, State US the to According civilian objects. and civilians Azerbaijani against Weapons Conventional Certain on Convention the by prohibited munitions phosphorus white caliber 122-mm used had military Armenian the that alleged Affairs Foreign of Ministry Azerbaijan 2016, May 17 On February 2016, http://www.bbc.com/news/world-europe-17217956. 124 https://2009-2017.state.gov/r/pa/prs/ps/2016/05/257263.htm. 123 trust.org/minefreenk/media-centre/news/halo-begins-emergency-clearance-in-karabakh/. 122 of-reality-is-integral-part-of-azerbaijans-foreign-policy.html. https://armenpress.am/eng/news/848030/nkr-mfa-falsification-and-distortion- 2016, May 20 Policy’, 121 http://www.mfa.gov.az/en/news/909/4104. Bomb by the Armed Forces of Armenia Against Civilians and Civilian Objects of Azerbaijan’, 17 May 2016, 120 forces’. foreign by occupied still is Cyprus of Republic the of territory the of ‘part that declared 1983 May 16 of 37/253 Resolution Assembly eral withdrawal the Gen UN requested personnel. military 1974 foreign of Cyprus of Republic July the from delay without 20 of 353 Resolution Council Security UN two partsfromMorphouthroughNicosiatoFamagusta,ispatrolledbyUNtroops. southern two-thirds by Greek Cypriots. A ‘Green Line’ with a buffer zone, dividing the International Criminal Court (ICC), although Armenia is a signatory state. state. signatory a the is Armenia of although (ICC), Statute Court Rome Criminal 1998 International the to party state a is Azerbaijan nor Armenia Neither A T O . H

M Armenpress, ‘NKR MFA: Falsification and Distortion of Reality is Integral Part of Azerbijan’s ForeignAzerbijan’s of PartIntegral is Reality of Distortion and FalsificationMFA: ‘NKR Armenpress, U.S. Department of State, ‘Background Briefing on the Nagorno-Karabakh Conflict’, 16 May 2016, May 16 Conflict’, Nagorno-Karabakh the on Briefing ‘Background State, of Department U.S. The HALO Trust, ‘HALO Begins Emergency Clearance in Karabakh’, 19 April 2016, https://www.halo2016, April HALOTrust,19 Karabakh’,The ClearanceEmergency in ‘HALOBegins Unless otherwise stated, this section is based on BBC News, ‘Cyprus Country Profile: Timeline’, 26 Timeline’, Profile: Country ‘Cyprus News, BBC on based is section this stated, otherwise Unless Republic of Azerbaijan Ministry of Foreign Affairs, ‘Statement on the Use of White Phosphorus White of Use the on ‘Statement Affairs, Foreign of Ministry Azerbaijan of Republic R IS 121 ILI EUNIFI T HALO Trust reported that Azerbaijan had dropped rocket-dispensed cluster cluster rocket-dispensed dropped had Azerbaijan that reported Trust HALO ORY OF T ARY C T 120 OCC A HE CONFLI T The NKR foreign ministry and Armenia defense ministry denied denied ministry defense Armenia and ministry foreign NKR The ION TAL 123 UPA

T CT ION OF CYPRUS 124 K S 122 122 B Y TUR K EY: EY: A

S E TB A CK

- -

The UN Peacekeeping Force in Cyprus (UNFICYP) Cyprus in Force Peacekeeping UN The conventional weaponryispossessedbybothstates. frontline military personnel and a further 185,630 in reserve. in 185,630 further a and personnel military frontline further 50,000 in reserve. a and personnel military frontline active 10,000 some have to estimated is Cyprus The partiestotheconflictareCyprusandTurkey. Reunification talkshaveproceededslowlysince2008. the EU as in it May 2004. joined divided remained the island the proposals, approve to had sides both Since Cypriots. Greek by rejected overwhelmingly was but tash, Denk Rauf leader their The by not although 2004. Cypriots, Turkish April by endorsed in was plan referenda twin in communities both to put was plan fication As European Union (EU) entry for the Republic of Cyprus approached, a UN reuni has recognizedthenorthasastate. government other No island. the of north the in troops 10,000 than more maintain Cy Northern of Republic Turkish the to still and is believed authorities Cypriot only the Turkish recognizes Turkey prus. itself declared area Turkish-held the 1983, In www.dailyherald.com/article/20161121/news/311219793 128 127 power.com/country-military-strength-detail.asp?country_id=Turkey. 126 only) iswww.army.gov.cy/?cat=1. Europeandefence/edcountries/countrycyprus.htm. The Republic of Cyprus armed forces website (in Greek 125 at MontPelerin,Switzerland. negotiations of days two over deal a of aspect territorial the on differences narrow to failed had Akinci Mustafa leader Cypriot Turkish breakaway and Cypriot, Greek a Anastasiades, Nicos President Cypriot said statement UN A dispute. decades-old the resolve successfully could negotiations that of months 18 setback whether serious over a doubt cast in 2016, in impasse an hit 2015 in resumed had that Talks order andtofacilitateareturnnormalconditions. and law of restoration and maintenance the to contribute to Cypriots, Turkish and Cypriots Greek the between violence intercommunal following fighting of rence recur a prevent to 186 Resolution Council Security UN under 1964 in established C. C. B. R P

UNFICYP, https://unficyp.unmissions.org/. E refre.ou, Erpa Dfne nomto: yrs, www.armedforces.co.uk/ Cyprus’, Information: Defence ‘European Armedforces.co.uk, The Herald, ‘Crucial Cyprus Peace Talks at Swiss Resort “Inconclusive”, 21 November 2016, http:// 2016, November 21 “Inconclusive”, Resort Swiss Talksat Peace Cyprus ‘Crucial Herald, The AR Global Firepower, ‘Turkey Military Strength’, last updated 5 December 2016, http://www.globalfire2016, December 5 Firepower,updated Global ‘Turkeylast Strength’, Military C EN T IES T

D T EVELOPMEN O T HE CONFLI T 125 S IN 2016: IN S CT Turkey is estimated by one source to have 41,640 active active to by 41,640 have one source is estimated Turkey 128 S E TB A CK

T O R EUNIFI 127 is a UN peacekeeping force force peacekeeping UN a is C A T ION TAL 126 A wide array of of array wide A K S - - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 45 THE WAR REPORT : ARMED CONFLICTS IN 2016 46 allegations of war crimes are known to have been made against either Cypriot or Cypriot either against made been have to known are crimes war of allegations No territory. its on or nationals Cypriot by committed been have to alleged crimes war over jurisdiction exercise may Court the Statute, ICC the with accordance In Statute. the to signatory a nor party a (ICC neither is Court Turkey 2002. March in Criminal Statute) International the of Statute Rome 1998 the ratified Cyprus reunification-talks-rivals-reject-proposed-new-borders. Borders’, New ian Proposed Reject Rivals Talks: Reunification ‘Cyprus 2016/nov/22/cyprus-reunification-leaders-leave-switzerland-without-deal; Deal’, reading: Further ‘unacceptable’. as proposals other’s the slamming each state, island divided the on borders new for maps on agree to failed delegations Cypriot rival negotiations, of round another yet in 2017, January In Cypriots. Turkish the and Cypriots Greek majority the between shared be will power how on pecially es progress significant marked nevertheless had round latest this said peatedly re officials setback, important this Despite return. to unable those compensating with involved costs the reduce help and vote a to put be would that support accord build an to for serve would That war. the during lost they the property to and return homes to people displaced 100,000 as many as enable would that territory enough of return the sought Cypriots Greek run. would side each zones federal the up make would that of territory amount on the was of disagreement area main The Sahrawi Arab Democratic Republic has been a member of the African Union since 1984. versallyrecognized stateaas and notisObserveran State within thealthoughUN the Morocco’s continued military occupation of Western Sahara. Western Sahara is not uni (PolisarioFront)wereengagedinternational an in armedconflictvirtue 2016by ofin Oro de Rió de y el-Hamra Saguia de Liberación la para Popular Frente the and Morocco Classiﬁcation oftheconﬂict: WES 4. in 2016. occupation military the concerning acts any regarding personnel military Turkish D U JUS . WAR CRIMES CRIMES WAR . NDER 1 Jnay 07 https://www.theguardian.com/world/2017/jan/14/cyprus- 2017, January 14 , T

I C h Guardian The E T A ERN D R E T C I C ISION A S LE 96.3 AFP, ‘Cyprus Reunification: Leaders Leave Switzerland Without Switzerland Leave Leaders Reunification: ‘Cyprus AFP, LLE AHARA: THE THE AHARA: 2 Nvme 21, https://www.theguardian.com/world/ 2016, November 22 , G A T IONS, IONS, AP

I I NVES AND AND P OLISARIO T I I G MPOR A T IONS, AND AND IONS, T AN F RON T P

EU ROSE T ’S ’S COUR D C E U T C IONS LARA T OF OF h Guard The T

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AFP, AFP, - - - -

by Morocco and Mauritania. and Morocco by claims territorial rejected (ICJ) Justice of Court International the 1975, October In 1976. August in Polisario of Secretary-General elected was Abdelaziz, Mohamed Republic, the of President current The Republic. ocratic Dem Arab Sahrawi the of establishment the declared Polisario 1976, February In without consultingthepeopleofWesternSahara. Morocco to Sahara Western over sovereignty transfer not could Spain termination, Self-De of principle the of virtue by since, valid considered not are agreements drid remaining third. Spain agreed to end colonial rule. Under international law, the Ma partitioned the region. Morocco acquired two-thirds in the north and Mauritania the Mauritania, known as the Madrid Agreement. Signed on 14 November 1975, the deal into the territory. Spain backed down and negotiated a settlement with Morocco and 1975, Moroccans November 300,000 than more of March’ ‘Green in a ordered II Hassan King Moroccan But referendum. a organize to agreed Spain and termination Western Sahara. of people the of representative the was Front Polisario the that General noted UN Assembly the Resolution, 1979 a In The 1973. May deadlock. 10 on up political set the was Front break to Polisario failed far so have efforts UN 1991. in ended forces pro-independence Algerian-backed with war guerrilla a and 1975, in ritory ter the annexed Morocco unresolved. remains Sahara Western the of status The Council, para 6,http://www.havc.se/res/SelectedMaterial/20020129legalopinionwesternsahara.pdf. Security the of President the toaddressed Counsel, Legal Under-Secretary-Generalthe Affairs,Legal for statusWesternof SaharaNon-Self-Governing a as Territory.’ LetterSee 2002datedJanuary from 29 the international the affect not did 1975 in TerritoryMauritania Moroccothe and toover authority nistrative nistering Power, a status which Spain alone could not have unilaterally transferred. The transfer of admi transfer sovereignty over the Territory, nor did it confer upon not any of the did signatories Agreementthe status Madrid of an Theadmi administration. tripartite temporary a to Territory,transferred werethe of Power administering the as Spain, of responsibilities and powers the whereby Agreement”), (“the Madrid Mauritania and Morocco Spain, between Madrid in concluded was Sahara Western on Principles 132 131 130 http://www.bbc.com/news/world-africa-14115273. 129 tegration with Morocco. While the ceasefire held, the mission was never fully de fully never was mission the held, ceasefire the While Morocco. with tegration in and referendum independence between a choose would to Saharans Western 1992. leading January in period, transition a for provided plan peace The clared. de was ceasefire UN-brokered a 1991, September In resolution. Council Security 1990 a in outlined plan peace a Referendum implement to a was mandate for Its Sahara. Mission Western in UN the MINURSO, established UN the 1991, April In its southerntownofTindouf,wherePolisariostillhasmainbase. in settle to refugees allowed turn in Algeria Mauritania. to allocated areas occupy to moved Morocco claims. territorial all renounced and Polisario with deal peace a signed government Mauritanian new a coup, a after month one 1978, August In A .

ICJ, Western Sahara: Advisory Opinion of 16 October 1975, www.icj-cij.org/docket/files/61/6195.pdf. s oe b Hn Crl, h te U lgl one: O 1 Nvme 17, Dcaain of Declaration a 1975, November 14 ‘On Counsel: legal UN then the Corell, Hans by noted As UNGAResolution 34/37, adopted November on21 1979, para 7. Unless otherwise stated, this section is based on BBC News ‘Western Sahara Profile’, 27 July 2016, IS T ORY OF T HE CONFLI 130 . Some 100,000 refugees still live in Polisario’s camps in Algeria. CT 131 129 The court recognized the Saharawi’s right to self-de to right Saharawi’s the recognized court The 132

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PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 47 THE WAR REPORT : ARMED CONFLICTS IN 2016 48

a further 150,000 in reserve. in 150,000 further a and personnel military frontline active 200,000 some to have is estimated Morocco Front. Polisario the and Morocco are conflict the to parties The process UN the deadlocked. remains and 2004 June in citing resigned Baker plan, James the Envoy rejected concerns. Morocco security but accept, to readiness its signalled Polisario Morocco. with tion integra or semi-autonomy independence, on place take then would A referendum years. five to up of period transition a for a Morocco of become region Sahara semi-autonomous Western that proposing resolution compromise a the adopted 2003, UN July in Then Algeria. and Polisario by rejected was formula This year. a over for Sahara Western in resident settlers Moroccan for rights voting and period, transition four-year a after referendum a sovereignty, Moroccan under Saharawi’s for autonomy for provided It 2001. June in Way, Third the as known Agreement’, a ‘Framework submitted Baker James UN Envoy In a the new deadlock, bid to break March. Green the after Sahara Western in settled who out Moroccans rule to wanted Polisario 1973. in Spain by out carried was census a on Identification based be vote. to to eligible was who decide to process’, ‘identification an was point sticking key A completed. ever period transition the was nor and ployed present edition of no was there 134 power.com/country-military-strength-detail.asp?country_id=morocco. 133 Genève de1949etleProtocole Idansleconﬂitl’opposantauRoyaumedu Maroc. luttantpour son droit à disposer de lui-même, déclare s’engager à appliquer les Conventions de qu’autoritéFrontSaharaPOLISARIO,Occidentaltantreprésentantledu 1977,peupleen le 1949 relatif à la protection des victimes des conﬂits armés internationaux (Protocole I) du 8 juin Conformément à l’article 96.3 du Protocole additionnel aux Conventions de Genève du 12 août of Morocco: Kingdom the and it between conflict the to I Protocol Additional and Conventions Geneva 1949 the apply to undertook it that Sahara Western of people the of behalf on declaration unilateral following the made Front Polisario the 2015, June 21 On the Sahrawi Arab Democratic Republic. Its strength today is not known. known. not is today strength Its Republic. Democratic Arab Sahrawi the C. C. B. I MPOR R P

Global Firepower, ‘Morocco Military Strength’, last updated 5 December 2016, http://www.globalfire E The 96.3 AP I Declaration by the Polisario Front was made in 2015 and not 2016. However,since 2016. not and 2015 in made was Front Polisario the by Declaration I AP 96.3 The AR C EN T T AN IES T

D T War Report War T

EVELOPMEN EU O The War Report T COUR HE CONFLI in 2015, we believe this is an important fact that should be reported in the in reported be should that fact important an is this believe we 2015, in T OF JUS OF T 2016: - 2015 IN S CT . 133 T The Polisario Front operates as the armed forces of of forces armed the as operates Front Polisario The I C E D E C ISION 134

A R T I C LE 96.3 LE API

D E C LARA

T ION AND

attendant exclusion of the territory from the trade agreement. agreement. trade the from territory the of exclusion attendant the and self-determination to right Sahara’s Western of people the of recognition Court’s the from a consequence is fact in determination this Morocco, and EU Council the for victory a be to appear may action While Front’s Polisario Front. the of Polisario dismissal the the by agreement the endorsing decision Council EU the against brought annulment for its action the as dismiss to on went then Morocco Court The own. by claimed is which Sahara, Western of territory the to apply not ral Wathelet’s opinion published on 13 September 2016,135 the Court of Justice 2016 December Justice 21 on of judgment appeals its Court gave the 2016,135 September 13 on published opinion Wathelet’s ral Gene Advocate the Following annulled. be should they whether so, if and Sahara Western the to applicable were Agreement Liberalisation and Agreement ciation Asso EU-Morocco the to relating agreements the whether decide do had it which on case important an over ruled justice of Court EU the 2016, of half second the On Geneva the to bound Conventions andAdditionalProtocolIinitsrelationswithMoroccoviceversa. be to recognized now is Front Polisario the words, other In to theconflict. Parties all upon binding equally are Protocol this and Conventions Geneva The – both); and to party a is Morocco (NB: API and Conventions Geneva the to respect in Morocco by assumed those as obligations and rights same the assumes Front Polisario The – to theconflictwithimmediateeffect; party a as Front Polisario the for force into brought are API and Conventions The – API, namely: of 96(3) Article in written those to limited are Parties States to notified and ration The legal effects of the Swiss Federal Council having accepted the unilateral decla applied. was API from 96.3 Article that time first the it making declaration, the ted accep Council Federal Swiss The Conventions. the of depositary the is which cil, Coun Federal Swiss the to declaration unilateral its addressed Front Polisario The first&part=1&cid=1407150. document/document.jsf?text=&docid=172870&pageIndex=0&doclang=en&mode=lst&dir=&occ= 137 cid=324852. document.jsf?text=&docid=186489&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1& 136 en&mode=req&dir=&occ=first&part=1&cid=1031729. http://curia.europa.eu/juris/document/document.jsf?text=&docid=183273&pageIndex=0&doclang= de oro (Front Polisario) 135 sion of the General Court. General the of sion

Judgment of the General Court (Eighth Chamber), 10 December 2015, http://curia.europa.eu/juris/2015, December 10 Chamber), (Eighth Court General the of Judgment

Judgment of the Court (Grand Chamber), 21 December 2016, http://curia.europa.eu/juris/document/ Council of the European Union v. Front Populaire pour la libération de la saguia-el-hamra et du rio du et saguia-el-hamra la de libération la v.pour PopulaireFrontUnion European the of Council Opinion of Advocate General Wathelet (Case C 137 It decided that the EU-Morocco trade agreement did did agreement trade EU-Morocco the that decided It 136 and overruled the earlier deci - 104/16 P), 13 September 2016 (1), ------

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 49 THE WAR REPORT : ARMED CONFLICTS IN 2016 50

Rome StatuteoftheInternationalCriminalCourt.MoroccohassignedStatute. Neither Morocco nor the Sahrawi Arab Democratic Republic is a state party to the 1998 eu-court-of-justice-a-reset-of-eu-morocco-trade-relations-in-the-offing/. org/2017/01/23/guest-post-by-cedric-ryngaert-the-polisario-front-judgment-of-the- https://armedgroups-internationallaw. 2017, January Groups 23 Armed Law, Offing’, International the and in Relations Trade EU-Morocco of Reset Court A EU the Justice: of of Judgment Front Polisario On ‘The Ryngaert, Cedric see case, EU the https://armedgroups-internationallaw.org/2015/09/02/unila teral-declaration-by-polisario-under-api-accepted-by-swiss-federal-council/. 2015, Law, September International and Groups 2 Armed Council’, Federal Swiss by Accepted API reading Further D . WAR CRIMES CRIMES WAR . A LLE : Katharine Fortin, ‘Unilateral Declaration by Polisario Under Under Polisario by Declaration ‘Unilateral Fortin, Katharine : G A T IONS, IONS, I NVES T I G A T IONS, AND AND IONS, P ROSE C U T IONS

istan andtheANDSFtookfullresponsibilityforsecuringtheircountry. On January 1, 2015 the U.S. and NATO formally ended their combat role in Afghan in Afghanistan. conflict the to party a it making IS-K), branch, ‘Khorasan’ (IS Afghanistan in State Islamic the as known group the by claimed were attacks of number increasing addition, an In below). (see parties the between signed was agreement peace a point which at 2016, September until (HIG), Gulbuddin Hezb-e-Islami with NIAC a also was There IS. to belonging as itself identifying group armed the and Network ni Haqqa the with NIAC separate two are there addition, In II. Protocol Additional UNAMA considers that the following non-State armed oppositions groups party party to theconflictare groups oppositions armed non-State following the that considers UNAMA The position of the UN Assistance Mission in Afghanistan (UNAMA) in 2016 was that: Taliban. the against fighting are Afghanistan of Government the of 2016 forces in armed the (NIAC) which in conflict armed non-international a in involved was Afghanistan Classiﬁcation oftheconﬂicts: 1. midyear_report_2016_final_rev.1-9sept.pdf. https://unama.unmissions.org/sites/default/files/protection_of_civilians_in_armed_conflict_96, p 2016, 140 139 understandingwar.org/report/quetta-shura-taliban-southern-afghanistan. www. 1, p 2009, December War, 21 of Study the for Backgrounder,InstituteGovernance’, Shadow and TalibanAfghanistan:ShuraOrganization, QuettaSouthern OperationsForsberg,‘The in C. Dresslerand J. e.g., See, 1990s. early the Afghanistangovernedin Supreme that Shura the and relocated2001 Omar in 138 CASUAL A S

ELE

RMED CONFLI U.S. Department of State, ‘U.S. Relations with Afghanistan’, http://www.state.gov/r/pa/ei/bgn/5380.htm. Afghanistan’, with Relations ‘U.S. State, of Department U.S. The term Quetta Shura is a composite comprising the name of the town in Pakistan to which Mullah UNAMA and OHCHR, F G of labels including the Haqqani Network, Hezb-e-Islami, Islamic Movement Islamic Hezb-e-Islami, Network, Haqqani the including labels of variety a assuming and hostilities in part direct a taking orga groups armed nised non-State and individuals as well as ‘Taliban’ as identify who ‘those tional militaryforces…)andnon-Statearmedoppositiongroups…. interna by supported forces security national (Afghan a forces armed its and is Afghanistan in Afghanistan of Government conflict the between armed conflict armed non-international the that position the takes UNAMA HANIS T CT IES 138 This conflict meets the threshold for the application of the 1977 1977 the of application the for threshold the meets conflict This T ED AN: AN:

Afghanistan: Afghanistan: Midyear Report 2016: Protection of Civilians in Armed Conflict A N CON ON- T INUIN CT I N G S

T I N ERNA C REASE IN CIVILIAN T IONAL 140 139

, Kabul, July

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PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 51 THE WAR REPORT : ARMED CONFLICTS IN 2016 52 been parties to NIACs in Afghanistan in 2016. in Afghanistan in NIACs to parties been have to groups armed other or Muhammed, Jaysh Tayyiba, Lashkari Islamic Union, Jihad Uzbekistan, of Movement Islamic the consider not does Report War The below Mujahedeen other and Taliban 2001, in regime the of fall the since But power. from Taliban the drive to Alliance, Northern the namely groups, opposition enabling 2001, October in campaign bombing aerial an initiating U.S. the to led This Laden. Bin over hand they that demands masterminded US refused were Taliban the which Afghanistan, from Laden 2001, Bin Osama by September 11 on U.S. the in al-Qaeda by tacks at the Following Emirates). Arab United the and Arabia, three Saudi only (Pakistan, by states Afghanistan’ of Emirate Islamic ‘the of government legitimate the as recognized were Taliban the although 2001, late until country the of 90% about lars drawn from the largest ethnic group in Afghanistan, the Pashtuns — controlled Emerging as a force in the 1990s, the Taliban — originally a group of Islamic scho for raging several years. been now has conflict armed non-international Ongoing 1979. in sion inva Soviet the since conflict perpetual almost in engulfed been has Afghanistan sa eot o 26 8 coe 21, 1, https://www.crisisgroup.org/asia/south-asia/afghanistan/afghanistan-long-hard-road-2014-transition. 16, p 2012, October 8 236, No. Report Asia 144 deal-160929092524754.html http://www.aljazeera.com/news/2016/09/afghanistan-ghani-hekmatyar-sign-peace- 29 2016, deal’, peaceSeptember sign Hekmatyar Ghani, ‘Afghanistan: Jazeera, Al peace-deal-hezb-i-islami.html?_r=0; New York Times, 22 Septembre 2016, at : https://www.nytimes.com/2016/09/23/world/asia/afghanistan- 143 otp/OTP-PE-rep-2015-Eng.pdf. https://www.icc-cpi.int/iccdocs/§114, 2015, November 12 2015’, Activities Examination Preliminary on such forces remain in reduced numbers, primarily in a training, advisory and assistance role.’, OTP, ‘Report although 2014, December in missions combat their Afghanistanended of Government the of support in deployed forces International (“HIG”). Gulbuddin Hezb-e-Islami and Network, Haqqani the Taliban, the include mainly which groups armed combat forces Afghanistan of Government ‘Today,the that: dered 142 141 extend itseffectiveauthoritybeyondthecapital. to struggled has Government Afghan the while country, the of east and east south the groupisnolongerapartytoconflictfromthatdateon. considers Report War the 2016, September in Hezb-e-Islami with signed was ment A . H

Ibid,p101. Rod Norland, ‘Afghanistan Signs Draft Peace Deal With Faction Led by Gulbuddin Hekmatyar’, The Hekmatyar’, Gulbuddin by Led Faction With Deal Peace ‘AfghanistanDraft Norland, Signs Rod In December 2015, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) consi e, .. Itrainl rss ru, Agaitn Te og Hr Ra t te 04 Transition’, 2014 the to Road Hard Long, The ‘Afghanistan: Group, Crisis International e.g., See, IS T ). The Taliban are conducting a widespread insurgency, particularly in the the in particularly insurgency, widespread a conducting are Taliban The ). ORY OF nal groupsdirectlyengagedinhostileactsonbehalfapartytotheconflict. crimi armed including objectives economic or ideological political, pursuing Muhammed, Jaysh groups LashkariTayyiba,identifying themselves as‘Daesh’ Union,andother militia andarmed groups Jihad Islamic Uzbekistan, of fighters have re-grouped into a number of different armed groups ( groups armed different of number a into re-grouped have fighters T HE CONFLI CT 142 144 In addition, since a peace agree

143

141 see see

------

150 independent.co.uk/news/world/asia/taliban-preys-on-afghanistans-corrupt-police-force-8430111.html. erstwhile village clergyman who lost his right eye fighting Soviet forces in the the in forces Soviet fighting eye 1980s, butwhowasreportedlykilledin2015. right his lost an who killed clergyman Omar, Mullah village by erstwhile led were Taliban) Shura (Quetta Afghanistan in ban Tali the regime, Afghan the against fighting group armed non-state largest The 2. Taliban 2016. December of as personnel military frontline active 200,000 have to estimated was Afghanistan 1. Afghan Forces Hezb-e-Islami, respectively. and Network Haqqani the against conflicts, separate in and, Taliban Shura Quetta the against ISAF and forces Government Afghan were NIACs the to parties The 230. wounded and dead people 80 least at leaving July, in aras, Haz the by protest a targeted IS by claimed attacks regular of deadliest the 2016, July In conflict. the to party a as Afghanistan in IS of emergence the marked 2016 149 balfirepower.com/country-military-strength-detail.asp?country_id=afghanistan. 148 http://in.reuters.com/article/afghanistan-islamic-state-idINKBN15W1SB. 147 blast-mosque.html. Times York 146 com/news/world-asia-36874570. 145 took placeinNovember2016,killing30persons. Covering upDeath of MullahOmar’,31 August 2015, http://www.bbc.com/news/world-asia-34105565. 151 vide anineffectiveandtaintedservicetocitizens…fordecadescome.’ pro to continue will organisation the officers… of legitimacy and integrity perceived andactual theimprove introduced to isOctober:changeradical‘Unless observed in policethe performance ofthe newspaperBritishon the obtainedbyreport FCO tial in the civil war that followed the Soviet withdrawal. He was Prime Minister of of Minister Prime was He withdrawal. Soviet the followed that war civil the in figures key the of one and Soviets the with conflict 1980s the military during rebel commander a Hekmatyar, Gulbuddin by led is (HIG) Gulbuddin Hezb-e-Islami 3. Hezb-e-Islami corrupt’ and riven with problems including nepotism and drug abuse. drug and nepotism including problems with riven and corrupt’ by the United Kingdom’s Foreign and Commonwealth Office (FCO) to be ‘endemically B. B.

Although there is some uncertainty about the exact date of his death. See BBC News, ‘Taliban Admit etr, Ilmc tt Fgtr Kl 1 Aga Slir i Atc o Otot, 7 eray 2017, February 17 Outpost’, on Attack in Soldiers Afghan 18 Kill Fighters State ‘Islamic Reuters, BBC News, ‘Kabul explosion: IS “claims attack on Hazara protest”’, 23 July 2016, http://www.bbc. 2016, July 23 protest”’,Hazara on attack “claims IS explosion: ‘Kabul News, BBC

Global Firepower, ‘Afghanistan Military Strength’, last updated 7 December 2016, http://www.glo 2016, December 7 updated last Strength’, ‘AfghanistanFirepower,Military Global M. Mashal and F. Abed ‘Islamic State Again Strikes at Afghan Shiites, Killing at Least 30 in Kabul’, B. Brady, ‘Taliban Preys on Afghanistan’s Corrupt Police Force’, Ibid. T IES , 21 November 2016, https://www.nytimes.com/2016/11/22/world/asia/afghanistan-kabul-2016, November 21 , T O T 148 HE CONFLI According to CT

S The Independent The 151 newspaper,the ANP were considered

146 Attackscontinuedin2017. Independent , 23 December 2012, www. 145 Another attack attack Another 149 150 A confiden The The New 147

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PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 53 THE WAR REPORT : ARMED CONFLICTS IN 2016 54 mainly ineasternNangarharProvince. concentrated fighters, 2,500 around likely now is and 2016 March early of as clined de significantly has number the military, US the by strikes drones and militias private and Taliban the by offensives to due however, in widely; fighters varies IS-K Afghanistan of number estimated The Syria. and Iraq in IS-Central with links operational its of extent the or viability and aims its about understood is little but mid-2014, in Afghanistan in emerged (IS-K) branch ‘Khorasan’ State’s Islamic The 5. TheIslamic StateinAfghanistan (KhorasanBranch) y S iiay edr a ‘h ms rslet nm ntok u there’. out network enemy resilient most ‘the as leaders military US by the Afghan Taliban continued to find ‘safe haven’ in Pakistani territory. In its an its In territory. Pakistani in haven’ ‘safe find to continued Taliban Afghan the and Network Haqqani the that claimed State of Department US the 2014, April of end the At fighters. their targeting been has strikes, drone including them, against campaign escalating the where Pakistan, with border the along operates network authorities of not taking ‘significant military or law enforcement action against against action groups’. these enforcement law or military ‘significant taking not of authorities Pakistani accused it Congress US the to submitted terrorism on report global nual Afghanistan from 1993 to 1994 and again briefly in 1996. HIG has been active in in active been eastern Afghanistan. has HIG 1996. in briefly again and 1994 to 1993 from Afghanistan default/files/PB202-The-Islamic-State-in-Afghanistan-Assessing-the-Threat.pdf.https://www.usip.org/sites/2016, April Peace, of Institute U.S. 202, Brief Peace Threat’, the Assessing 157 156 to-find-safe-haven-in-pakistan-claims-us-report/. The Express Tribune 155 http://www.understandingwar.org/sites/default/files/Haqqani_ 2012, War,StrategicThreatweb_29MAR_0.pdf. of Study the for Institute http://www.understandingwar.org/sites/default/files/ 2010, October War,Haqqani_Network_Compressed_0.pdf, ‘Afghanistan 9’Report of Study the for Institute 154 Journal, 12November 2013, www.longwarjournal.org/archives/2013/11/afghan_taliban_conde.php. 153 Jane’s Information Group, 1February 2012. 152 Pakistan. in havens safe from launched and planned were Afghanistan in attacks ordinated ers than the Taliban, with whom they are closely allied, closely are they whom with Taliban, the than ers prominent most the of one fight fewer by far commands Network Haqqani the led Khost, Afghanistan’s in families and 1980s the in group anti-Soviet former A 4. Haqqani Network

C.G. Johnson, M.Karokhail andR.Amiri,‘The Islamic State inAfghanistan See, e.g., B. Roggio, ‘Afghan Taliban Condemn the Killing of Nasiruddin Haqqani’, FDD’s Long War Long FDD’s Haqqani’, Nasiruddin of Killing the ‘AfghanCondemnTaliban Roggio, B. e.g., See, Reuters, ‘Afghan Taliban, Haqqani Network Continue to Find Safe Haven in Pakistan, Claims US Report’, See, e.g., ‘Hizb-i-Islami – Gulbuddin (HIG) (Afghanistan)’ in (Afghanistan)’ (HIG) Gulbuddin – ‘Hizb-i-Islami e.g., See, Ibid. See, e.g., J. A. Dressler, 156

155 , 1 May 2014, tribune.com.pk/story/702681/afghan-taliban-haqqani-network-continue- The report further claimed that a number of aggressive and co 152

‘Afghanistan Report 6’ The group was a party to the conflict until September 2016. September until conflict the to party a was group The 157 — The Haqqani Network: From Pakistan to Afghanistan to Pakistan From Network: Haqqani The — — The Haqqani Network: A Strategic Threat Jane’s World Insurgency and Terrorismand Insurgency World Jane’s 153 but has been described described been has but

154

The - - - - , , ,

2020. through (ANDSF) Forces Security and Defense National Afghan the for funding in fallen to the Taliban in September 2015. September in Taliban the to fallen briefly had which Kunduz, of province northern the of capital the and south the Spring offensive, ‘Operation Omari’ ‘Operation offensive, Spring zens and wounded more than 300 people. 300 than more wounded and zens 8,400 troops in Afghanistan through the end of his term. his of end the through leave Afghanistan would in U.S. troops 8,400 the that 2016 July in announced Obama President country, the across Taliban the by gains territorial continued the and Afghanistan in situation authorizing commanders to send US troops on combat missions with ANDSF ANDSF with missions combat on troops US send to commanders military, the authorizing for authorities new approved Obama President month, same the In Helmand important strategically the of capital the including pitals, ca provincial several threatened country the in insurgency of nature the 2016, In May 2016, http://www.nytimes.com/2016/05/24/world/asia/obama-mullah-mansour-taliban-killed.html. 165 in-afghanistan/a-19390071. 164 http://www.reuters.com/article/us-afghanistan-funding-idUSKCN0YZ1HU. 163 html?_r=0. Times 162 19April 2016, https://www.theguardian.com/world/2016/apr/19/explosion-rocks-afghan-capital-kabul. 161 offensive/. https://www.afghanistan-analysts.org/operation-omari-taleban-announces-2016-spring- 2016, April 14 160 city-of-kunduz-in-northern-afghanistan.html?_r=0. Times York 159 lashkar-gah-helmand. 11 August 2016, https://www.theguardian.com/world/2016/aug/11/afghan-army-reinforcements-taliban- 158 selected tosucceedhim. was Afghanistan, of rule Taliban the during judge top former a and group the hin wit leader religious a Akhundzada, Haibatullah Mawlawi province. Baluchistan in Pakistan’s strike in a US drone killed was before, year than less insurgency of the In May 2016, Taliban leader Mullah Akhtar Mansour, who had assumed leadership the Warsaw Summit, the North Atlantic Treaty Organization (NATO) further further (NATO) Organization Treaty Atlantic North the Summit, Warsaw the annual $1 billion (905 million Euros) in addition the U.S. requested $3.5 billions an providing to and Afghanistan, in troops total 12,000 maintaining to committed C. C. CASUAL R

S.E. Rasmussen, ‘Dozens Killed and 300 Injured as Kabul Hit by Taliban Suicide Attack’, G. Harris, ‘Obama Says Mullah Mansour, Taliban Leader, Was Killed in US Strike’, Strike’, US in Killed Was Leader, Taliban Mansour, Mullah Says ‘Obama Harris, G. E J. Smith, ‘US Plans Billions in Afghan funding Until 2020, Seeks Allies’ Help’, Reuters, 13 June 2016 , S.E. Rasmussen, ‘Afghan Army Sends Reinforcements as Taliban Close in on Lashkar Gah’, J. Goldstein and M. Mashal, ‘Taliban Fighters Capture Kunduz City as Afghan Forces Retreat’, M. Landler, ‘Obama Says He Will Keep More Troops in Afghanistan Than Planned’, Than Afghanistan in TroopsMore Keep Will He Says ‘Obama Landler, M. Afghanistan Analyst Network and B. Osman, ‘Operation Omari: Taleban Announced 2016 Spring Offensive’, DW, ‘NATO Extends Mission in Afghanistan, 9 July 2016, http://www.dw.com/en/nato-extends-mission- 6 uy 06 http://www.nytimes.com/2016/07/07/world/asia/obama-afghanistan-troops. 2016, July 6 , C 164 EN

T , 28 September 2015, http://www.nytimes.com/2015/09/29/world/asia/taliban-fighters-enter- IES T

D EVELOPMEN 165 T S IN 2016: IN S 160 A CON hitting Kabulwith an attack that killed do 159 161 T In April 2016 Taliban launched their their launched Taliban 2016 April In INUIN Showing his concern for the Security Security the for concern his Showing G

I N C REASE IN CIVILIAN 162 In July 2016, during during 2016, July In The The New York Times 158 province in in province The New YorkNewThe The The Guardian The The Guardian The New , 23 163 - - - , ,

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 55 THE WAR REPORT : ARMED CONFLICTS IN 2016 56

self-proclaimed Islamic State in growing Afghanistan a of reports and territory, protecting and security maintaining difficulty increased casualties, ANDSF high of months after came measures military panded 9sept.pdf. protection_of_civilians_in_armed_conflict_midyear_report_2016_final_rev.1- https://unama.unmissions.org/sites/default/files/ 2016, July Kabul, Conflict’, Armed in Civilians of ‘Protection 2016. July Kabul, Conflict’, Armed in Civilians of tection reading: Further 1 May 2003. 2003. May 1 since nationals its by or Afghanistan of territory the in committed crimes Statute Rome over jurisdiction has ICC The 2003. February since (ICC) Court Criminal al Internation the of Statute Rome 1998 the to party state a been has Afghanistan attack. second the in involved gunmen three all killed eventually forces Afghan blast. the an lowing and city the of area Naw fol building a into Share themselves barricaded who gunmen the with standoff hours-long in bomb car a by later hours only lowed fol was attack twin The Kabul. in 103 than more injuring and 35 killing ministry, defense Afghan the on including 2016, October to August from intensified Attacks Taliban. the target to strikes air US for authorities expanding and forces otp-rep-PE_ENG.pdf. 171 2016, http://www.rferl.org/a/adghanistan-gunmen-shi-ite-pilgrims-kabul-ashura/28046322.html 170 http://in.reuters.com/article/afghanistan-blast-toll-idINKCN11C0O3. 169 hunting-al-qaeda-in-at-least-7-afghan-provinces.php. Long War Journal, 24 September 2016, http://www.longwarjournal.org/archives/2016/09/us-military-is- 168 com/2016/04/05/afghanistan-islamic-state-taliban/. 167 wp/2016/06/09/defense-official-u-s-to-begin-striking-taliban-advise-regular-afghan-soldiers-again/. Taliban’, 166 against humanitywereandcontinuetobecommittedinAfghanistan. crimes and crimes war that believe to basis reasonable a provides available mation As of November 2016, the ICC’s Office of the Prosecuter (OTP) found that the infor in KabulontheAshuraholiday. shrineShia a at worshippers attacked gunman one least at when wounded dozens Referring toTalibanattacks,itreported: D . WAR CRIMES CRIMES WAR .

OTP, ‘Report on Preliminary Examination Activities 2016’, https://www.icc-cpi.int/iccdocs/otp/161114- F.J Marty, ‘On the Trail of Islamic State in Afghanistan’, Radio Free Europe Radio Liberty, ‘Islamic State Claims Attack on Shi’te Mourners in Kabul’, 12 October Reuters, ‘Death toll from Afghan Defence Ministry Attack Revised up to 35’, 6 September 2016, September 6 35’, to up Revised Attack Ministry Defence Afghan from toll ‘Death Reuters, T. Joscelyn and B. Roggio, ‘U.S. Military is Hunting Al Qaeda in at least 7 Afghanistan Provinces’, FDD’s . yn n T GbosNf, US Wdn Wr n fhnsa, uhrzs e Ato Against Action New Authorizes Afghanistan, in War Widens ‘U.S. Gibbons-Neff, T. and Ryan M. h Wsigo Post Washington The 169 A In another unclaimed attack at least 17 people were killed and and killed were people 17 least at attack unclaimed another In LLE NM ad HH,Agaitn Mder eot 06 Pro 2016: Report Midyear OHCHR,‘Afghanistan: and UNAMA G A T IONS, IONS, 1 Jn 21, https://www.washingtonpost.com/news/checkpoint/ 2016, June 10 , I NVES 170

T I G A T IONS, AND AND IONS, 167 Foreign Foreign Policy and resurging al- Qaeda presence. Qaeda al- resurging and P , 4 April 2016, http://foreignpolicy. ROSE C U T IONS 171 166

The ex 168 ------

and theCIAconcluded: forces US the of members by committed allegedly acts the reported also OTP The reported: OTP the forces, pro-government to respect With committed as part of a widespread and/or systematic attack against civilians against attack systematic and/or widespread a of part as committed political grounds and on gender grounds (article 7(1)(h)). on These crimes were allegedly collectivity or group identifiable any against persecution and 7(1)(e)), (article liberty physical of deprivation severe other or prisonment im 7(1)(a)), (article murder of humanity against crimes the committed have affiliates their and Taliban the that believe to basis reasonable a is 206.There offices, hospitals,shrinesandmosques,humanitarianorganisations. protectedincludinggovernmentobjects,civilianschools,onattacks merous nu launched allegedly have groups insurgent 2003, May Since 2015. cember De and 2007 January between period the in deaths civilian 17,000 than more tothis information, anti-government armed groups have been responsible for theiraffiliates, inthecontext ofthearmed conflict inAfghanistan. According and Talibanparticularthe inanti-government groups, armedbycommitted allegedlycrimes information onavailable theexamined has Office The 205. are punishableunderarticles 8(2)(c)(i)and(ii)8(2)(e)(vi)oftheStatute. of torture, cruel treatment, outrages upon personal dignity, and rape.(“CIA”) Theseresorted acts to techniques amounting to the commission of the war crimes gations, members of the US armed forces and the course of USinterrogating these detainees, Centraland in conduct supporting those Intelligenceinterro Agency 211.The information available provides a reasonable basis to believe that, in the Police (“ALP”). Local Afghan the and (“ANBP”) Police Border National Afghan the (“ANA”), rity (“NDS”), the Afghan National Police (“ANP”), the Afghan National Army Secu of Directorate National the include detainees conflict-related tortured have to alleged authorities Governmental 8(2)(e)(vi). article under violence sexual and 8(2)(c)(ii); article to pursuant dignity personal upon outrages (i); 8(2)(c) article under treatment cruel and torture of crimes war the mitted com have authorities Afghan that believe to basis reasonable a is 209.There (e)(ix)) 8(2) (article adversary combatant a treacherously wounding or killing and 8(2)(e)(vii)), (article hostilities in actively participate to them using or years (article 8(2)(e)(iv)); conscripting or enlisting children under the age of fifteen objects protected against attacks directing intentionally 8(2)(e)(iii)); (article personnel humanitarian against attacks directing intentionally 8(2)(e)(i)), (article population civilian the against attacks directing intentionally (i)), 8(2)(c) (article murder conflict: armed non-international a of context the in crimes war following the minimum a at committed also have affiliates their and Taliban the 2003, May 1 since that believe to basis reasonable a is there 207.Based on the information available at this stage, the Office has found that and imposeitsrulesystemofbeliefsbylethalforce. Afghanistan of Government the from power seize to leadership Taliban the volved the multiple commission of violent acts in pursuance of the policy of took part in public affairs, or attended school past the age of puberty, and in worked, who girls and women including ideology, and rule Taliban oppose to or entities, foreign and/or government Afghan the support to perceived ------

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 57 THE WAR REPORT : ARMED CONFLICTS IN 2016 58 ment toeliminatesmugglersanderadicatecocacrops,withUSassistance. equip and training received forces Colombian context, that In efforts. anti-drug Colombian support to intended originally initiative an Colombia, Plan through high-ranking leaders. its of some of elimination the and power of enabled balance the in have shifts absorb to decades FARC five over grown have that culture organizational and ture struc institutional strong a Thirdly, defections. and deaths combatant from losses substantial the mitigating thus ranks, its replenishing of capable proven has it ly, to money, despite declining income from drug trafficking and kidnapping. Second access it retains ‘First, resilience: of FARC’s factors gives Group Crisis International and the the FARC-EP ELN) for more (notably half The a groups wing armed century. left- several and government the between conflict armed endured has Colombia parties. two Peace TalkswiththeELNstartedinFebruary2017. the between conflict the ending thereby FARC, the and government the between signed was agreement a peace 2016, of end the At 2016. in (ELN) Army Liberation National the the and with (FARC-EP) Colombia (NIACs) of Forces Armed conflicts Revolutionary armed non-international in involved was Colombia Classiﬁcation oftheconﬂicts: COLOM 2. co.uk/2/hi/americas/891289.stm. 174 http://www.crisisgroup.org/~/media/Files/latin-america/colombia/045-colombia-peace-at-last.pdf.p 4, 173 2016, http://www.bbc.com/news/world-latin-america-19390026. 172 seen the power of the paramilitaries diminish. Following generous and controversial ations with guerrilla groups, with different degrees of success. Recent years have also Over the years, the Government of Colombia has held several peace talks and negoti narco-trafficking. of problem the to dimension new a given have and hijackings), and murder, bombings, extortion, kidnapping, as criminal (such in activities involved increasingly become have the both paramilitaries the origins, and their guerrillas Since Government. the by denied been has this although guerrillas, the against war waging in state the and paramilitaries the between ages link of accusations regular been have There attacks forces. guerrilla by from kidnappings and businessmen local and lords drug landowners, a protecting as of (AUC), means Colombia of Forces Self-Defense paramilitary United the right-wing primarily of formation organizations, the to led guerrillas the of activities The A OF CONFLI . H

International Crisis Group, Colombia: . cemt, Clmi Cags atc i Dus a’ BC es 3 Ags 20, news.bbc. 2000, August 31 News, BBC War’, Drugs in Tactics Changes ‘Colombia McDermott, J. Unless otherwise stated, this section is based on BBC News, ‘Colombia Country Profile’, 28 December IS T ORY OF B CT IA: IA: T HE CONFLI P EA 173 C The US Government has also been involved in the country country in the involved been also has US Government The E CT D EAL 172 Peace at Last? Latin America Report N°45 Report America Latin Last? at Peace W I T H FAR C E NDS 60 NDS Y EARS , 25 September 2012,

174

- - - - - ary 27, former UN Secretary-General Kofi Annan visited the negotiating table in in table Havana. negotiating the visited Annan Kofi Secretary-General UN former 27, ary Febru On conflict. Colombian the in player foreign key a long U.S., the by process peace of Colombia’s as a endorsement clear and by interpreted the FARC, including welcomed, was appointment The Aronson. Bernard to process, peace envoy Colombian special the a of appointment the US announced Kerry, the John 20, State, of February Secretary On support. international growing and progress continued of signs showed Havana in negotiations peace 2015, April and January Between quiet’. go ‘arms mean not didpeace branch’butolive an ‘with camethey thatgotiator,Marquez, saidIvan ne head FARC-EP’s Norway. Oslo, in decade a for talks peace direct first their for met rebels FARC-EP and Government Colombian the from negotiators 2012, October In legislation, amnesty 181 180 https://www.theguardian.com/world/2015/mar/15/colombia-end-in-sight-longest-running-conflict. 179 co.uk/news/world-latin-america-19514814. 178 co.uk/news/world-latin-america-19994289?print=true. 177 p15239?breadcrumb=%2Fpublication%2Fpublication_list%3Ftype%3Dbackgrounder%26page%3D9. www.cfr.org/colombia/colombias-right-wing-paramilitaries-splinter-groups/2008, January 11 Relations, 176 cja.org/where-we-work/colombia/related-resources/colombia-the-justice-and-peace-law/?id=863. 175 about 95%ofthetotalestimatedAUCforcewasdisbanded. drugs 4)endofconflictanddecommission5)victimspost-warjustice. dressing: 1) rural reform 2) a framework for political participation of the Farc 3) illicit Havana, Cuba, in November 2012. A five-point peace plan had been agreed aimed at ad reached. fora ceasefire, saying military operations would continue until a final agreement was immediately byorderingbombingstoresume. been had responded Santos army President camp. the guerrilla against that reinforcement with saying advancing attack the justified FARC 15. the April on Cauca the in ambush FARC a in killed were soldiers 11 when violated was ceasefire The FARC campsforamonth. of bombing the cease to commanders military and Defense of Ministry the conflict, ordered the de-escalate to gesture a as and, ceasefire unilateral the on kept word had their FARC the that recognized Santos President ground. the on impact diate imme an have would which negotiations, peace the of aspect first the was it and territory, that in ones new of planting the suspending and mines of location the

Ibid. BBC News, ‘Colombia and Farc Negotiators Launch Norway Peace Talks’, 18 October 2012, www.bbc. The Center for Justice & Accountability, ‘Colombia: The Justice and Peace Law’, August 2005, http:// BBC News, ‘Colombia’s President Santos Rejects Farc Ceasefire Call’, 7 September 2012, www.bbc.2012, September 7 FarcCeasefireCall’, Rejects Santos President‘Colombia’s News, BBC . asn ‘oobas ih-ig aaiiais n Slne Gop’ Cucl n Foreign on Council Groups’, Splinter and Paramilitaries Right-Wing ‘Colombia’s Hanson, S. E. Vulliamy, ‘Colombia: Is the End in Sight to the World’s Longest War?’, FARC-EP International, ‘Timeline 2012-2016’, http://farc-epeace.org/peace-process/timeline.html. 178 180 After the launch of the process, both parties agreed to move the talks to talks the move to agreedparties bothprocess, the of launchthe After

The announcement was significant, as the FARC undertook to reveal reveal to undertook FARC the as significant, was announcement The 175 177 which offered significantly reduced jail terms, by mid-2006 mid-2006 by terms, jail reduced significantly offered which Colombian President Juan Manuel Santos rejected FARC calls 181

The Observer The 176 , 15 March 2015, 179 - - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 59 THE WAR REPORT : ARMED CONFLICTS IN 2016 60 (v) endofthearmedconflict;and(vi)implementation. victims; (iv) peace; for transformations (iii) peace; for democracy (ii) peace; of tion construc the in participation societal (i) includes: talks, peace the for framework of the as agreed beginning agenda, negotiating the six-point The ELN. announced the with Colombia negotiations peace of Government the 2016, March 30 On November 2016. in signed finally was It months. six within signed be would agreement final a that paraPazla or Peace for Jurisdiction (Special Justice Transitional on agree ment historic a reached FARC the and government the 2015, September 23 On of process military actionsconsistentwiththeFARC’ssuspensionofalloffensiveactions. de-escalation a motion in set government the ceasefire, bilateral diate imme an to agreeing Without weapons. of surrender and hostilities of cessation ceasefire, bilateral final the of terms the on particular in Table’), the at agreements building concurrently while Agenda, the of items core the on work simultaneous and on-going technical, ‘a (to format the changing by delay without agreement nal agreement to de-escalate the conflict. Each delegation agreed to move towards a fi major a announced Colombia, in de-escalate and Havana in ‘Expedite entitled qué communi joint a in negotiators FARC the and government the 2015, 12 July On lowest the in resulting levels ofviolenceintheconflictsince1984. point, that to up ceasefire their with complied generally had FARC the that given ceasefire, the of violation severe only the was soldiers the on attack the (Cerac), centre resource analysis Conflict the to according However, and process boosted thepopularityofitsmainopponent. peace the against opinion public turned soldiers 11 the of death The com/news/world-latin-america-38902638. 186 185 mesadeconversaciones.com.co/comunicados/comunicado-conjunto-55-la-habana-12-de-julio-de-2015. 184 http://blog.cerac.org.co/semanario-18-termina-el-cese-unilateral-de-las-farc-se-recrudecera-el-conflicto. 183 santos-esta-la-baja/426263-3. 182 frontline active 445,000 some have to estimated was Colombia 2016 January of As 1. Colombian ArmedForces The parties to the NIACs in 2016 were Colombia and its Armed Forces against the ELN. Peace TalkswiththeELNstartedinFebruary2017. B. B. P

CERAC, ‘Semanario 18: Termina el Cese Unilateral de las FARC; Se Recrudecerá el Conflicto’, 24 May 2015, OTP, ‘Report onPreliminary ExaminationActivities 2015’, §235-236. Semana, ‘Todo Está a la Baja’, 2 May 2015, http://www.semana.com/nacion/articulo/gran-encuesta- AR BBC News, ‘Colombia: Peace Talks With ELN Rebel Group Begin’, 8 February 2017, http://www.bbc. Mesa De Conversaciones, ‘Comunicado Conjunto # 55. La Habana, 12 de Julio de 2015’, https://www. T IES ). Simultaneously with the agreement, the government also announcedalso government the agreement, the with Simultaneously ). T O T HE CONFLI CT S 183 182 186 185 Jurisdicción Especial Especial Jurisdicción 184 - - - - -

natural resources. It was long seen as more politically motivated than the FARC, FARC, the staying outoftheillegaldrugstradeonideologicalgrounds. than motivated politically more as seen long was It resources. Colombia’s natural exploiting unfairly are companies the foreign violates and industry sovereignty oil country’s Colombia’s in involvement foreign believes group The not a completely spent force. In recent years, ELN units have become involved in in involved become have units ELN years, recent In force. spent completely a not were they that indicating jail, from leaders their of one spring to able were rebels The ELN reached the height of its power in the late 1990s, carrying out hundreds of hundreds out carrying 1990s, late in the power of its height the reached ELN The reserve. in 62,000 further a and personnel military 192 191 http://www.cfr.org/colombia/colombias-civil-conflict/p9272 190 https://www.justice.gov/archive/usao/nys/pressreleases/March06/farcindictmentpr.pdf. the World’s Cocaine’, 22March 2006, ‘United States Charges 50 Leaders of Narco-Terrorist FARC in Colombia With Supplying More Than Half of the world’s cocaine and more than 60% of the cocaine that enters the U.S. See U.S. Department of Justice, 189 globalsecurity.org/military/world/colombia/colombia_army.htm. 188 power.com/country-military-strength-detail.asp?country_id=colombia. 187 the at defeats suffering paramilitaries. and forces security the of 1,500, hands estimated an to 4,000 around from declined since have ranks ELN The pipelines. oil as such infrastructure hitting and kidnappings began financing its campaign through involvement in and taxation of the illegal drug trade, illegal the of taxation and in involvement through campaign its financing began FARC 1990s, the in group the the with until fought forces Party paramilitary When Communist mid-1980s. Colombian the to ties strong Union, have Soviet to the continued of and support the gained on early FARC struggle. armed through regime Marxist a install and government the overthrow to mission a with 1964 in formed was FARC-EP, groups, rebel left-wing Colombia’s of largest and oldest The 2. Revolutionary ArmedForces ofColombia (FARC-EP) a liberation movement, formed with the goal of ousting the ruling government. ruling the ousting of goal the with formed movement, liberation a itself considered ELN justice. and awareness social on emphasis strong a with phy philoso Catholic predominantly a theology, Liberation as well Marx as on ism-Leninism based is ideology ELN FARC. the after Colombia in group second-largest rebel the leftist is (ELN) Nacional Liberación de Ejército the 1964, in Founded 3. National LiberationArmy(ELN) FARC, therebyendingtheconflictbetweentwoparties. the and government the between signed was agreement a peace 2016, of end the At population. civilian the among support of loss a to led this civilians, against lence been claimed that the effective combat strength of the National Army (Ejército (Ejército Army National the Nacional) wasconsiderablylessthanthatsuggestedbytotalstrengthfigures. of strength combat effective the that claimed been

Voces deColombia, https://eln-voces.com. Global Firepower, ‘Colombia Military Strength’, last updated 9 February 2017, http://www.globalfire Ibid. Globalsecurity.org ‘Colombia — Army (Ejercito Nacional)’, (Ejercito Army — ‘ColombiaGlobalsecurity.org According to a U.S. Department of Justice indictment in 2006, FARC generated more than 50% of 50% than moreFARCgenerated 2006, in indictment Justice of Department U.S. a Accordingto D. Renwick and C. Felter, ‘Colombia’s Civil Conflict’, Council on Foreign Relations, 11 January 2017,January 11 Relations, Foreign on Council Conflict’, Civil ‘Colombia’sFelter, C. and Renwick D. 189 as well as kidnapping and extortion. In combination with acts of vio of acts with combination In extortion. and kidnapping as well as 192 GlobalSecurity.org However, in October 2009, ELN ELN 2009, October in However, 187 In the past however, it has has it however, past the In 191 , 4 March 2012, www. 2012, March 4 , 188

190 - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 61 THE WAR REPORT : ARMED CONFLICTS IN 2016 62

The Congress’svotethusbroughttoanenda60-year-oldconflictwiththeFARC. would be expected to perform community service. community perform to expected be would ject to periods of restricted mobility for five to eight years, during which time they yers. Those who admitted to crimes like kidnappings and executions would be sub the in involvement their of conflict to a special nature tribunal that would include Colombian and international law the disclose and personnel UN to arms their cord. By pushing the new deal through Congress, the government chose this time to As a result, on 30 November 2016, Colombia’s Congress approved a revised peace ac radera’). Final Para la Terminación del Conflicto y la Construcción de una Paz Estable y Du (‘Acuerdo Peace Long-Lasting and Stable a Building and Conflict Ending for ment Agree Final the signed parties negotiating the negotiations, of after years 2016, four nearly September 26 On Havana. to moved then and Oslo in began FARC-EP the and Colombia of Government the between talks peace 2012, October 18 On and Europeanlistsofterroristorganizations. US on remains ELN gangs. criminal with alliances forming often trade, drugs the https://www.theguardian.com/world/2016/nov/24/colombia-signs-historic-peace-deal-with-farc-rebels. 199 http://www.nytimes.com/2016/11/30/world/americas/colombia-farc-accord-juan-manuel-santos.html. 2016, 198 deal-with-farc. https://www.theguardian.com/world/2016/oct/02/colombia-referendum-rejects-peace- 2016, October 197 com/2016/08/26/opinion/colombias-remarkable-peace-process.html. 196 2016, http://www.cbc.ca/news/world/farc-colombia-peace-accord-1.3734814. 195 194 org/military/world/para/eln.htm. 193 by-pass voters, who had turned down the accord by a narrow margin on 2 October. rebels inthelate1990. 5,000 and 4,000 between of heyday its from declining since members active 3,000 By and 2,000 the 2017 ELN had between capability. offensive and reduced resources diminished with but fighters 2,000 approximately with active remained ELN The ment beingrejectedby50.2%ofthevoters(37%Colombianelectorate). A national plebiscite held on 2 October 2016 resulted, however, in the peace agree less seriouscrimeslikedrugtraffickingwouldreceiveamnesty. C. C. R

N. Casey, ‘Colombia’s Congress Approves Peace Accord With FARC’, S. Brodzinsky, ‘Colombia Referendum: Voters Reject Peace Deal With FARC Guerrillas’, Globalsecurity.org, de Nacional National Army’, . y t i r u c e s l a b o l g . w w w , ’ y m r A n o i t a r e b i L l a n o i t a N , ) N L E ( l a n o i c a N n ó i c a r e b i L e d o t i c r é j E ‘ , g r o . y t i r u c e s l a b o l G E CBC News, ‘Yes to peace: Colombia, FARC rebels reach historic deal to end 5-decade war’, 24 August S. Brodzinsky, ‘Colombia Signs Historic Peace Deal With Farc’, With Deal Peace Historic Signs ‘ColombiaBrodzinsky, S.

Globalsecurity.org, ‘Colombia —Army (Ejercito Nacional)’,9February 2017. The New York Times, C EN 195 T

The proposed agreement foresaw that FARC members would surrender surrender would members FARC that foresaw agreement proposed The D EVELOPMEN ‘Colombia’s Remarkable Peace Process’, 25 August 2016, http://www.nytimes. 194 T S IN 2016: IN S P EA C E AG 193 REEMEN

196 Those who had committed committed had who Those The Guardian The The New YorkNew The Times T

W I T H FAR , 24 November 2016, November 24 , C The Guardian , 30 November 197 199 198 , 3 ------

will be tasked with trying and sentencing individuals accused of committing war war committing of accused individuals sentencing and trying with tasked be will which Jurisdiction, responsibility Peace Special the the entitled that panel five-person out a with rested pointed now OTP crimes The of crimes. perpetrators war of and humanity prosecution against ‘genuine’ the for called but rebels, with deal FARC peace Colombia’s welcomed Prosecutor ICC the 2016, September 2 On Office of the Prosecutor (OTP) since June 2004.201 As in its previous reports, the the reports, OTP statedinNovember2016: previous its in As 2004.201 June since (OTP) Prosecutor the of Office ICC’s the by examination preliminary under been has Colombia in situation The 124 of theRomeStatute. Article to pursuant declaration Colombia’s with accordance in 2009, vember prosecute. to unable or No 1 since committed unwilling crimes war over jurisdiction has are only Court the However, courts national where cases in 2002, ber Novem 1 since nationals its by or Colombia of territory the in committed crimes Statute Rome over jurisdiction had has ICC The 2002. August in Statute) Court (Rome Criminal International the of Statute Rome 1998 the to adhered Colombia 202 201 Examinations22Nov2012.pdf. int/NR/rdonlyres/C433C462-7C4E-4358-8A72-8D99FD00E8CD/285209/OTP2012ReportonPreliminary 200 D . WAR CRIMES CRIMES WAR .

OTP, ‘Report onPreliminary ExaminationActivities 2013’, November 2013, §118. OTP, ‘Report onPreliminary ExaminationActivities 2016’. OTP, ‘Report on Preliminary Examination Activities 2012’, November 2012, §98, https://www.icc-cpi. cases relatingtothisareaoffocusthepreliminaryexamination. of admissibility the analysing is Office the which of basis the on situation, the of investigation an from arise likely would that cases potential of tion identifica the inform to analysed been has information sources open vant disappea as known enforced rances and killings including crimes, alleged on information gather and receive to continued Office the period, reporting the During 239. 8(2)(e)(vii) oftheRomeStatute. article under hostilities in actively participate to children using and listing other forms of sexual violence under article 8(2)(e)(vi); and conscripting, en under article 8(2)(c))(ii); taking of hostages under article 8(2)(c)(iii); rape and dignity personal upon outrages 8(2)(c)(i); article under treatment cruel and torture 8(2)(e)(i); article under civilians against attacks 8(2)(c)(i); article der un murder 2009, November 1 since including, Colombia, in conflict armed non-international the of context the in committed been have Statute the of 238.There is also a reasonable basis to believe that war crimes under article 8 of sexualviolenceunderarticle7(1)(g)theStatute. liberty under article 7(1)(e); torture under article7(1)(f); rape and other forms physical of deprivation severe other or imprisonment 7(1)(d); article under population of transfer forcible 7(1)(a); article under murder including 2002, November 1 since actors, different by Colombia in situation the in mitted crimes against humanity under article 7 of the Rome Statute have been com that believe to basis reasonable a provides available information the 237.… A LLE 200 G A T false positives false IONS, IONS, 202 I NVES T I cases. This information together with rele with together information This cases. G A T IONS, AND AND IONS, P ROSE C U T IONS ------

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 63 THE WAR REPORT : ARMED CONFLICTS IN 2016 64 a position consistent with the ICC’s longstanding position that ‘the interests of of interests ‘the that peace’ arenotwithinitsremitandfalltootherinstitutions. position longstanding ICC’s the with consistent position a security’, or peace of considerations and by ‘driven Statute’ not was the Prosecutor with the that compatible added was that agreement peace ‘a negotiate should Minister and head of the National unity government in December 2011. December in government unity National the of head Prime and new Minister the became al-Ganzouri Kamal resignation, Sharraf Essam Following of thoseseekingdemocraticreformandanendtodecadesarepressiveregime. uprising. The protests that ousted President Hosni Mubarak in 2011 raised the hopes 2011 the during protesters of killing the in complicity for prison in life to sentenced later was and August in trial on went He (SCAF). Council Forces Armed Supreme the to power the handed and down stepped Mubarak President 2011, February In flict didnotreachthethresholdforapplicabilityof1977AdditionalProtocolII. con The (ABM). al-Maqdis Bayt Ansar as known group armed the and forces armed Egypt in 2016 was involved in a non-international armed conflict between Egyptian Classiﬁcation oftheconﬂict: 3. conflict. the during crimes November 2012, http://news.yahoo.com/egypt-islamists-hurriedly-approve-constitution-043918749.html.207 edition.cnn.com/2011/12/07/world/africa/egypt-prime-minister/index.html. 206 africa-13313371. 205 https://justiceinconflict.org/2016/10/13/peace-with-justice-in-colombia-why-the-icc-isnt-the-guarantor/. 204 org/news/icc-welcomes-colombia-peace-deal-urges-prosecutions. 203 assembly approved a draft constitution that many feared could further restrict restrict further could assembly. of feared and speech of many freedom that constitution draft constituent a Islamist-dominated approved an assembly month same The decisions. his challenge to right the of judiciary the stripping decree a issued Morsi President November, In a half in century inJune2012. elections presidential democratic first the won Morsi Mohammed date, candi Brotherhood Muslim government, military interim the of half a and year a Protests increased until in July 2013 the military, in light of the demonstrators’ demonstrators’ the of light in military, the 2013 July in until increased Protests referendum. A O . U H EG

T H. Hendawi and M. Michael, ‘Egypt Islamists Hurriedly Approve New Constitution’,IslamistsHurriedlyApprove‘EgyptMichael,New30Yahoo News, M. andHendawi H. ICTJ, ‘ICC Welcomes Colombia Peace Deal, Urges Prosecutions’, 2 September 2016, https://www.ictj. IS BBC News, ‘Egypt Country Profile — Overview’, 6 November 2015, http://www.bbc.co.uk/news/world- CNN, ‘Egyptian Prime Minister Given Added Powers, Swears in Cabinet’, 7 December 2011, http:// 2011,December 7 Cabinet’, in Swears Powers, Added Given Minister Prime ‘Egyptian CNN, Justice in Conflict, ‘Peace with Justice in Colombia: Why the ICC isn’t the Guarantor’, 13 October 2016, SIDE T YP ORY OF T : THE THE : S INAI T HE CONFLI ST REN GT CT 203 The Deputy Prosecutor stated that the government government the that stated Prosecutor Deputy The HENIN 207 G Such draft was later publicly approved by by approved publicly later was draft Such OF OF T HE I NSUR G 204 EN C Y

206 After After 205 - -

By the end of 2013 the Government declared the Muslim Brotherhood a terrorist terrorist group, afterabombexplosionatgovernmentbuildinginMansoura. a Brotherhood Muslim the declared Government the 2013 of end the By deterioration ofthesituationinSinai. claimed responsibility for the blast, which killed 16 people. 16 killed which blast, the for responsibility ABM claimed while bombing, the in involvement any denied however, Brotherhood, lim military helicopter. a military down bring to order in January 27 on militants the by missile surface-to-air a of use the included which Peninsula, Sinai the in continued attacks multiple Cairo, At the beginning of 2015, a new Sinai-based militant group emerged from the split split the from emerged group militant Sinai-based new a 2015, of beginning the At area. the in violence the of intensification freedom. media curbed and constitution new a drafting started creased ahead of, during and after the referendum, with at least 49 people killed killed January. 25 people on incident 49 worst the least in at with referendum, the after and during of, ahead creased in forces security and Morsi President ousted the of supporters between Clashes recent history. in day single a in demonstrators of killings largest world’s the of one out carried es al-Adawiya Rabaa at Square. According one to Human Rights larger Watch, a in Rab’a and Square, Egyptian Square security forc al-Nahda at one Cairo, in protesters of camps two raided forces security Egyptian 2013 August 14 on massacre: Rabaa the is example An history. Egyptian modern in demonstrators on violence state of incidents worst the seen has 2013 August of month The response. in Brotherhood theby held sit-ins protest the suppressed violently and Morsi Mr ousted demands, 2014, http://world.time.com/2014/01/27/missile-attack-in-sinai-spell-trouble-for-israeli-airliners/.2014, 216 edition.cnn.com/2014/01/25/world/meast/egypt-blast/. 215 214 com/news/middleeast/2014/01/egypt-constitution-approved-981-percent-201411816326470532.html. 213 January 2014, http://www.theguardian.com/world/2014/jan/16/egyptian-voters-back-new-constitution. 212 211 2013, http://www.thecommentator.com/article/4507/egypt_s_confused_ban_on_muslim_brotherhood. 210 209 www.hrw.org/news/2014/08/12/egypt-rab-killings-likely-crimes-against-humanity. 208 January 2014, a referendum took place, where more than 90% of voters opted to to opted constitution. third voters Egypt’s ratify of 90% than more where place, took referendum a 2014, January gave morerightstowomenanddisabledpeople. — and judiciary the and police the military, — the institutions key three country’s voters, less than the 50% predicted. 50% the than less voters,

BBC News, ‘Egypt country profile –Overview’, 17February 2015. Al Jazeera, ‘Egypt Constitution Approved by 98.1 Percent’, 24 January 2014, http://www.aljazeera. 2014, January 98.1Percent’,24 by Approved Constitution ‘Egypt Jazeera, Al CNN, ‘At Least 49 Dead in Egypt as Throngs Commemorate Revolution’, 26 January 2014, http:// 2014, January 26 Revolution’, Commemorate Throngs as Egypt in Dead 49 Least‘At CNN, . igly ‘ieped octs s gpin oes ak e Constitution’, New Back Voters Egyptian as Boycotts ‘Widespread Kingsley, P. K. Vick, ‘Surface-to-Air Missile Attack in Sinai Spells Trouble For Israeli Airliners’, Kingsley, ‘Widespread Boycotts asEgyptian Voters BackNew Constitution’. A. Abdel-Raheem, ‘Egypt’s confused ban on Muslim Brotherhood’, The Commentator, 26 December BBC News, ‘Egypt Profile — Timeline’, 23 April 2015, http://www.bbc.com/news/world-africa-13315719. Human Rights Watch, ‘Egypt: Rab’a Killings Likely Crimes against Humanity’, 12 August 2014, http:// 208 These events have been seen in light of further radicalisation and and radicalisation further of light in seen been have events These 216 This attack, claimed by the ABM, represented a significant significant a represented ABM, the by claimed attack, This 212 However, the turnout was 38.6% of registered registered of 38.6% was turnout the However, 213 215 Egypt’s new constitution strengthened the the strengthened constitution new Egypt’s While several bomb attacks took place in in place took attacks bomb several While 214 210 The government government The 211 The Times On 14 and 15 15 and 14 On h Guardian The 209 TheMus , 27 January 16 , - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 65 THE WAR REPORT : ARMED CONFLICTS IN 2016 66 in theSinaiPeninsulaasjihadigroupABMpursueditsattacks. 2015, Wilayat Sinai claimed responsibility for downing a downing for responsibility claimed Sinai Wilayat 2015, attacks onIsraelitargetsandinterests. launching for known initially was group The Egypt’s Mubarak. Hosni of ruler fall the long-running to led that uprising 2011 January the after immediately ations group, inadditiontodefectingmembersfromtheMuslimBrotherhood. the joined caliphate jihadist a to of idea the allegiance supported who people pledging several Indeed after IS. especially districts, Egyptian other inside fronts ing open in succeeded had group the but Sinai, inside people 50 exceed not did edly report militants al-Maqdis Bayt and Ansar these, different of are one to estimates According as contradictory. assess, to difficult is fighters of number exact The IS. to allegiance pledged it when 2014 November in change a name announced but lem), Sinai 2. SinaiProvince as well800.000reservepersonnel. personnel frontline active 470.000 include to estimated are forces armed Egyptian 1. Egypt ArmedForces group. Province Sinai the against forces armed its and Egypt are 2016 in conflict the to parties The sponse to Russia’s fight against IS in Syria. IS. to allegiance of pledge its over disagreement a to due ABM, of org/wp-content/uploads/2014/05/HJS-Terror-in-the-Sinai-Report-Colour-Web.pdf. 223 al-monitor.com/pulse/originals/2014/12/egypt-ansar-maqdis-sinai-spread.html#ixzz3aCAoo0Bt. 222 www.bbc.com/news/world-middle-east-25882504. 221 com/pulse/security/2014/11/egypt-ansar-maqdis-sinai.html#. 220 globalfirepower.com/country-military-strength-detail.asp?country_id=egypt. 219 africa/egypt-al-wilayat-sinai/. Crash: Plane http://edition.cnn.com/2015/11/09/2015, November 10 TerrorCNN, Are–Wiayat WhoSinai?’, Al Group, ‘Russian Pleitgen, F. 2015/11/17/496286f4-8d05-11e5-ae1f-af46b7df8483_story.html; https://www.washingtonpost.com/world/russia-confirms-sinai-crash-was-the-work-of-terrorists/ 2015, 218 north-africa/north-africa/egypt 217 tegic andtechnologicalcapacity’)wasashigh1.000. stra ‘high (with fighters of number total ABM’s estimate, different a to According B. B. P

See generally, International Crisis Group, ‘Egypt Profile’, at:, https://www.crisisgroup.org/middle-east- BBC News, ‘Sinai Province: Egypt’s Most Dangerous Group’ militant group’, 12 May 2016, http:// 2016, May 12 group’, militant Group’ Dangerous Most Egypt’s Province: ‘Sinai News, BBC AR A. Roth, ‘Russia Confirms Sinai Plane Crash Was the Work of Terrorists’, Global Firepower, ‘Egypt Military Strength: Manpower’, last updated 18 February 2017, http://www. E. Dyer and O. Kessler, ‘Terror in the Sinai’, The Henry Jackson Society, 2014, http://henryjacksonsociety. Al-Monitor, ‘After Joining IS, Ansar Bayt al-Maqdis Expands in Egypt’, 1 December 2014, http://www. Al-Monitor, ‘Ansar Bayt al-Maqdis Joins Islamic State’, 13 November 2014, http://www.al-monitor. 2014, November 13 State’, Islamic Joins al-Maqdis Al-Monitor,‘AnsarBayt 220

Province was previously called Ansar Beit al-Maqdis (Champions of Jerusa of (Champions al-Maqdis Beit Ansar called previously was Province T Ansar Beit al-Maqdis was an al-Qaeda-inspired group that started its oper IES T O T HE CONFLI CT 221 219 218

Violence continued throughout 2016 2016 throughout continued Violence 223 The Washington Post

Russian airplane in re in airplane Russian 217 In October

, 17 November 222

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the KarnakTempleinLuxor. counterterrorism operations, claimed responsibility for the attack. the for responsibility claimed operations, counterterrorism government’s the opposes which Movement, Resistance Popular the called outfit Egyptian an and branch Egyptian IS’s Both Cairo. of suburb a in gunmen by killed Duaa al-Ansari,leaderoftheSinaibranchIS. Abu killed have to claimed Military Egyptian the 2016, August of week first the In convoy their as exploded drove nearapolicestation. bomb was improvised policeman an one when Arish, wounded in three attack and IS killed separate a In future. the in attacks more threatened and attack the for responsibility claimed State Islamic Peninsula. Sinai Egypt’s in priest Christian a down gunned militants Islamist June, of month the In separate out carried group attacks the outside Sinai, at 2015, prime tourist destinations In near the pyramids in grew country. Giza the militants in 2016 Islamist and other 2015 in and rapidly Sinai Wilayat by attacks terrorist of rate The reuters.com/article/us-egypt-islamicstate-idUSKCN10F24W. 230 com/article/us-egypt-violence-idUSKCN0ZG23Q. 229 flight-804.html?_r=0. Times York New The Terrorism’,PossibleCites Egypt Sea; at CrashedHaveto Believed Flight Fahim,‘EgyptAir D.WalshK. and aljazeera.com/news/2016/05/egyptair-flight-ms804-plane-disappeared-radar-160519031853365.html; 228 www.reuters.com/article/us-egypt-police-attack-idUSKCN0XZ00U. 227 Times 226 attacks-Egypts-Luxor-temple-tourist-site.html. http://www.telegraph.co.uk/news/worldnews/africaandindianocean/egypt/11664436/Suicide-bomber- Telegraph 225 attacked-giza-pyramids.html. Times York 224 nua er h EytIrei border. Egypt-Israeli the near insula Pen Sinai the in base a from troops shift to decided Pentagon the 2016, April In possibility couldnotbetotallyruledout. the but found was attack terrorist of evidence no Cairo; to Paris from flying while crashed EgyptAir of members crew 10 and passengers 56 carrying flight a month, O C. U L T

A Reuters, ‘Gunmen Kill Eight Policehttp:// 2016,MayCairoStateEight Attack’,Reuters, 8 in Islamic Kill Claims Suburb,‘Gunmen . oeuk n M Sma, Siie obr tak Eyts uo Tml Tuit Site’, Tourist Temple Luxor Egypt’s Attacks Bomber ‘Suicide Samaan, M. and Loveluck L. l aer, Fmle Wi fr nwr t Msig gpAr ln’ 2 My 06 http://www. 2016, May 20 Plane’, EgyptAir Missing to Answers for Wait ‘Families Jazeera, Al Reuters, ‘Egypt Military Says Killed Leader of Islamic State in Sinai’, 4 August 2016, http://www. 2016, August 4 Sinai’, in State Islamic of Leader Killed Says Military ‘Egypt Reuters, .. engn ‘.. hfs ros n h Sni eisl atr tak b militants’, by attacks after Peninsula Sinai the in troops shifts ‘U.S. Hennigan, W.J. Reuters, ‘Islamic State Kills Christian Priest in Egypt’s North Sinai’, 30 June 2016, http://www.reuters. M. Thomas and A. Smale, ‘TwoSmale, A. Thomasand M. EgyptianPolicemen PyramidsShotDeadNearthe Giza’,of SIDE , 23April2016, http://www.latimes.com/world/middleeast/la-fg-us-sinai-20160423-story.html. T ES , 10 June2015, T 4 pi 21, http://www.nytimes.com/2015/06/04/world/middleeast/egypt-policemen- 2015, April 4 , S

D INAI EVELOPMEN , 19 May 2016, http://www.nytimes.com/2016/05/20/world/middleeast/egyptair-2016, May 19 , T S IN 2016: THE THE 2016: IN S 229 225 225

226 In May 2016, eight police officers were were officers police eight 2016, May In ST 228 228 REN GT 230 HENIN G OF OF T HE I NSUR 227 In the same same the In o Angeles Los G EN TheNew 224 C Y and The -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 67 THE WAR REPORT : ARMED CONFLICTS IN 2016 68 key positionsbeganon8August2014,withtheconsent ofthegovernment. ritory they control stretching from Aleppo in North West Syria to the eastern Iraqi Iraqi eastern the to Syria West North in Aleppo from stretching control they ritory ter the in caliphate a established had they that declared militants IS 2014, June In areas main the connect to under itscontrolineasternSyriaandwesternIraq. opportunity the it giving Jordan, and Syria with ders bor the on checkpoints State major the of Islamic some over control take to Iraq. managed quickly in operations their expanded the of greatly advantage and took insecurity IS 2013, growing of end the at province Anbar the in protest anti-govern ment on crackdown violent a Following erupted 2011. late that in protests country the across anti-government in vented in were government tensions Shia-dominated These the Baghdad. from minority Sunni country’s the of ation alien to owning 2011 since Iraq in mounting been have tensions political Deep sent andattheinvitationofIraqigovernment. flict into an international armed conflict, since they were conducted with the con The State. air strikes on IS by the US-led international coalition has not transformed the con Islamic the and coalition, international an by supported forces, armed Iraqi between conflict armed a was non-international there 2014, since and In 2016 Classiﬁcation oftheconﬂict: 1. There havebeennoallegationsofwarcrimesconcerningtheNIACincountry. Egypt has signed but not ratified the Rome Statute of the International Criminal Court. bbc.com/news/world-middle-east-27905849. 232 http://www.theguardian.com/world/2014/jun/30/isis-announces-islamic-caliphate-iraq-syria.June 2014, 231 will we border first the not is ‘[t]his break, we will break other borders’. warns and Syria and Iraq in caliphate new the explains spokesperson IS an video the In War. World First the after Syria and Iraq up dividing on Britain and France between agreement the to reference a cot’, Pi Sykes of ‘End entitled video, a released IS 2014, June 29 On Diyala. of province coalition to conduct air strikes against IS in Iraq. in IS against strikes air conduct to coalition IS from fighters a US-led invite militant to formally government to Iraqi by led and chaos into region the threw Syria) (and Iraq northern across advance rapid The er ofthenewcaliphate. A D . WAR CRIMES CRIMES WAR . . H

RAQ: RAQ: M. ran M. eaver ‘Isis Islamic in ea Iraq S , ’ a i r Sy d n a q a r I g n i l d d a r t S a re A n i e t a h p i l a C c i m a l s I s e c n u o n n A s i s I ‘ r, e v a We . M d n a n a Tr . M BBC News, ‘Iraq Formally AsksUSto LaunchAirStrikes Against Rebels’, http://www. 18June2014, IS T ORY OF M ILI T A T HE CONFLI ARY GAINS LLE G A T IONS, IONS, CT I NVES AG 231 AINS T Abu Bakr al-Baghdadi is declared as the lead the as declared is al-Baghdadi Bakr Abu I G A T T IONS, AND AND IONS,

I SLAMI 232 Coalition air strikes against IS IS against strikes air Coalition C P

ROSE ST A T C E U T IONS The Guardian , 30 ------thousands of civilians trapped on the mountain to escape. of tens for opportunity the providing thereby mountain the down route a secured gust the Kurdish People’s Protection Units (YPG) with the assistance of US air strikes mid-Au In mountain. the on trapped those the to aid humanitarian of airdrops gan be Australia and France UK, US, the Government Iraqi the of request the at and cil, e dw. n prto cnutd y prxmtl 800 uds Peshmerga, Kurdish with USairsupport,broketheISsiegeofmountSinjarinDecember2014. 8,000 approximately by conducted operation An down. ney jour the make to frail or fearful to mountain the on stranded remained civilians of rity forces retook control of the strategic city of Ramadi, Significant coalition gains were also made in late December 2015, when Iraqi secu On the 8 slavery. sexual into forced and abducted or of raped were Thousands girls and women Iraq. of thousands northwestern and killed were in Yezidi Sinjar, around area an Iraq’s in against minority campaign Yezidi ethnic-cleansing brutal a began IS 2014 August early In boosting. com/news/middle-east-and-africa/21684689-retaking-ramadi-iraqs-security-forces-have-won-morale- 239 of-its-territory-in-iraq/. http://foreignpolicy.com/2016/06/28/top-u-s-official-islamic-state-has-lost-47-percent- 2016, June 28 238 Territories’, 2016 http://www.defense.gov/News/Special-Reports/0814_Inherent-Resolve. 237 bbc.com/news/world-middle-east-30539170. 236 FINAL_6July_10September2014.pdf. 2014 September 235 legraph.co.uk/news/worldnews/middleeast/iraq/11024987/Mount-Sinjar-Iraqs-mountain-of-death.html. 234 ry_in_Islamic_State_captivity_in_Iraq_-_English.pdf. Iraq 233 lition conducted over 14,000 air strikes in Iraq and Syria. and Iraq in strikes air 14,000 over conducted lition coa international US-led the 2016, and 2015 throughout continued violence As Sinijar. By mid-August 150,000 thousand people were stranded up the mountain mountain with verylittleaccesstoshelter,water,food,andmedicalsupplies. the up stranded were people thousand 150,000 mid-August By Sinijar. had lost 47% lost had Province in western Iraq. Iraq. western in Province

21, https://www.es.amnesty.org/uploads/media/Escape_from_hell_-_Torture_and_sexual_slave 2014, ,

.. eatet f ees, Oeain neet eov Tree Oeain Aant ISIS Against Operations Targeted Resolve Inherent ‘Operation Defense, of Department U.S. Amnesty International, Amnesty HH ad UNAMI, and OHCHR J. Hudson, ‘Top U.S. Official: Islamic State Has Lost 47 Percent of its Territory in Iraq’, The Economist, ‘Reclaiming the Ruins from Islamic State’, 2 January 2016, http://www.economist.2016, January 2 State’, Islamic from Ruins the ‘Reclaiming Economist, The http://www. 2014, December 19 Kurds’,SayBroken, Siege State Islamic Sinjar: ‘Mount News, BBC J. Krohn, ‘Mount Sinjar: Iraq’s Mountain of Death, of Mountain Iraq’s Sinjar: ‘Mount Krohn, J. th of August 2014, following an emergency session at the UN Security Coun 238 21, http://www.ohchr.org/Documents/Countries/IQ/UNAMI_OHCHR_POC_Report_ 2014, , of its territory in Iraq, according to the US Department of State. eot n h Poeto o Cvlas n re Cnlc i Ia: July–10 6 Iraq: in Conflict Armed in Civilians of Protection the on Report Escape from Hell: Torture and Sexual Slavery in Islamic State Captivity in Captivity State Islamic in Slavery Sexual and Torture Hell: from Escape 233 To escape the violence many Yezidi fled up mount The TelegraphThe , 19 August 2014 , http://www.te , 2014 August 19 , 239 235 237 the capital of the Anbar Anbar the of capital the Nevertheless thousands As of August 2016, IS IS 2016, August of As 234 Foreign Policy 236

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PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 69 THE WAR REPORT : ARMED CONFLICTS IN 2016 70 members forcorruption. parliament blaming and reform demanding building, parliament the occupied ers edly controlsseveralofthemilitiagroupsdirectly. report and Mobilisation, Popular the in militia to advisers military and weapons funding, provides Iran Soleimani. Qassem General Iranian to close is who mander hammed, also known as Abu Mahdi al-Mohandis, Mo a former by Badr Jaafar Organisation com Jamal advance by headed an is Mobilisation of Popular face The Iraq. the northern across in IS collapsed army the after 2014 June in has government and groups, Shia-led the by militia formed was It IS. against Shia operations Iraqi in role of lead a taking been dozens of comprises Mobilisation Popular The 2. Popular Mobilisation (Hashid Shaabi) in reserve. 528,500 and personnel active 272,000 have currently to reported is Army Iraqi The 1. IraqiArmy actors. main the of some of selection a are following The Iraq. in conflict the in part taking actors armed numerous are There entering. from prohibited are civilians that buildings government surrounding area fortified heavily the Zone, Green Baghdad’s breached protesters Shiite anti-government 2016, April In rise. to continued have tensions Sectarian May 2015, http://www.orsam.org.tr/files/Raporlar/rapor198/198eng.pdf. 245 mec.org/diwan/62638?lang=en. 244 news/world-middle-east-31727470. 243 power.com/country-military-strength-detail.asp?country_id=Iraq. 242 storm-iraqi-parliament-in-baghdad/2016/04/30/0862fd3a-0ec1-11e6-8ab8-9ad050f76d7d_story.html. Parliament’, 241 troublemaking-protesters/2016/05/01/e6e4d070-0f24-11e6-bc53-db634ca94a2a_story.html. Post 240 his tenureasPrimeMinister. during al-Maliki Nouri with relations good had also that those are recruitment the in recruitment. instrumental are Hawza the from scholars religious Shia and it administers ment establish religious the because successful also is campaign recruitment the cials, fend their country and its holy sites. According to Shiite Popular Mobilisation offi de and arms up take to people on called Sistani, Ali Ayatollah Grand cleric, Shia most senior Iraq’s after to in Mobilisation fight the Popular volunteered Thousands B. B. P

1 a 21, https://www.washingtonpost.com/world/iraqi-prime-minister-orders-arrest-of- 2016, May 1 , . ors n M Slm ‘tt o Eegny elrd n aha a te rtses ae Iraqi Take Protesters the as Baghdad in Declared Emergency of ‘State Salim, M. and Morris L. AR BBC News, ‘Iraqi Forces Seek to Encircle IS Fighters in Tikrit’, 4 March 2015, http://www.bbc.com/2015, March 4 Tikrit’, in Fighters IS Encircle to Seek Forces‘Iraqi News, BBC ORSAM, Global Firepower, ‘Iraq Military Strength’, last updated 20 February 2017, http://www.globalfire2017, February 20 updated last Strength’, Military ‘Iraq Firepower, Global Middle Center, Popularity the in , ’ q a r I n i d h s a H e h t f o y t i r a l u p o P e h T ‘ , r e t n e C t s a E e l d d i M e i g e n r a C L. Morris, ‘Protesters Leave Baghdad’s Green Zone a Day After Ransacking Parliament’, T IES The Washington Post Washington The 242 A New Controversial Actor In Post ISIS Iraq: al-Hasad al-Shaabi (the Popular Mobilization Forces) T O T 244 HE CONFLI It has been observed that the Sunni Arab tribes that took part in in part took that tribes Arab Sunni the that observed been has It 241 CT , 30 April 2016, https://www.washingtonpost.com/world/protesters-2016, April 30 , 245 S 243 Diwan

, 1 February 2016, http://carnegie- 240 The protest The Washington ------,

A report in report A from 86 countries, more than half of them from the Middle East and North Africa. consultancy Soufan Group estimated that 27,000 foreign jihadists had made the trip Iraq to join IS. A report published in and December 2015 by the New York-based security Syria to travelling fighters foreign of number the in surge a triggered also ate caliph the of proclamation The Bangladesh. and U.S. the Belgium, France, donesia, In Turkey, including countries of number a in attacks claimed also IS 2016, During control. IHS Conflict Monitor analysts suggest this figure is now nearer 6 million. it IS under territory in lived that people million 10 some territory peak, its At 2015. the January in held of quarter a about lost had IS that alleged was it 2016, July In to gathercashandassetsworthup$2billion. IS enabled have businesses, local from extortion and smuggling as such activities criminal and donors foreign from income with combined Syria, fields eastern and Iraq in oil of seizure the and invasions these Fallujah through Raqqa, seized funds including The Mosul. cities, and major several capturing Iraq, and Syria both in success military experienced and in Syria operations its it expanded al-Qaeda, from and Iraq of State Islamic name Al-Sham, the under the leadership of Abu Bakr al-Baghdadi.246 Despite under IS’s separation acting began and Al-Nusra from group split the 2013 May In al-Zaqahiri. Ayman al-Qaeda, of leader the Mohammed and Abu al-Jawlani, Al-Nusra, Jabhat of leader the both unilateral by this rejected However, was Levant. declaration the and Iraq of State Islamic the as known also Al-Sham, and Iraq of State Islamic the group form to his Al-Nusra that Jabhat with announced merging was al-Baghdadi, Bakr Abu Iraq, of State Islamic affiliated al-Qaeda of leader the 2013, April In Iraq. in al-Qaeda of out growing 2013, formed early in was IS (ISIL), Levant the and Iraq in State Islamic name, former its Under 3. Islamic State(IS) joseph-v-micallef/the-business-of-isis_b_11142954.html. 250 Iraq ForeignFightersUpdate3.pdf. and Syria Into 249 bbc.com/news/world-middle-east-27838034. 248 247 246 Kurdish the As War. World First the of wake the in Empire Ottoman the of fall the after people Kurdish the of force fighting national the as organized formally were but 1800s, late the in guards border tribal organized loosely of groups to back ing lead role in trying to retake Northern Iraq. The Kurdish Peshmerga have roots lead a taken have Peshmerga Kurdish the 2014, June in Mosul of control took IS Since 4. Kurdish Peshmerga longer generatingenoughrevenuetofunditsoperations.

M.Chulov, ‘How anarrest inIraq revealed Isis’s $2bnjihadist network’. J.V. http://www.huffingtonpost.com/2016, WorldJuly The24Post, ISIS’, of Micallef,Business ‘The BBC News, ‘Islamic State and the Crisis in Iraq and Syria in Maps’, 21 September 2016, http://www. h Sua Group, Soufan The BBC news, ‘Profile of IslamicState and Leader, AbuBakral-Baghdadi’. ngton Post ngton f Hu The Dcme 21, http://soufangroup.com/wp-content/uploads/2015/12/TSG_ 2015, December , oeg Fgtr: n pae Assmn o te lw f oeg Fighters Foreign of Flow the of Assessment Updated An Fighters: Foreign in July 2016 said it seemed likely that IS was no no was IS that likely seemed it said 2016 July in 247 250 249 248 - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 71 THE WAR REPORT : ARMED CONFLICTS IN 2016 72 but hasdeniedfurtherrequestsfromthePashmergaformoreweaponry. ammunition, and guns machine 40 heavy with Peshmerga the supplied has Britain central command, the Iraqi Kurdistan’s Peshmerga forces will play a critical role role critical a play will forces Peshmerga US Kurdistan’s to Iraqi According the command, militants. central ISIS by attempt surroundings infiltration any the prevent in to deployed Khazir of heavily were forces Kurdish the attack, the After fighters, andareparticularlyformidableincombatmountainousterrain. battle-hardened and organized well-trained, be to considered are Peshmerga The from seized either weapons, countries. Communist-Bloc former from in years Soviet-style later or army purchased Saddam’s with armed mainly are They fighters. female and male 190,000 around number to thought are Pashmerga Kurdish The secure anindependentKurdishstate. to is Peshmerga the of objective ultimate The culture. Kurdish of part key a as seen now are who Peshmerga the of identity the did too so grew, movement nationalist 257 http://aranews.net/2016/09/scores-of-kurdish-peshmergas-killed-in-isis-attack-near-iraqs-khazir/. 256 com/indepth/opinion/2016/07/160727120458839.html. 255 weaponry-to-take-their-fight-to-isis. https://www.theguardian.com/world/2015/feb/22/kurdish-peshmerga-call-for-heavy- 2015, February 254 videos/world/2015/02/25/pkg-wedeman-iraq-kurdish-fighter-training.cnn. 253 aljazeera.com/news/middleeast/2014/06/mapping-out-iraq-fighting-groups-201462494731548175.html. 252 world-middle-east-28738975. 251 oil on agreements reaching exports anddiscussingtheimpendingbattleforMosul. Baghdad, in Abadi, Haider Minister, Prime Iraqi the with met delegation Kurdish top A operation. Mosul anti-IS the in others amongst next stageofthewaragainstIS. in the cooperation military US-Kurdish regarding (KRG) Government Regional tan On 12 July 2016 the U.S. signed a memorandum of understanding with the Kurdis US armed forces, which consider the group as crucial in their fight against IS. against fight their in crucial as group the consider which and forces, armed British US Italian, German, from training combat received have Pashmerga The According to one Peshmerga officer, Jamshid Hamo: Hamo: Jamshid officer, Peshmerga one to According soldiers. Kurdish of number a wounding and killing Iraq, northern in forces merga Pesh the of headquarters the on offensive an launched IS 2016, September 18 On

B Nw, Poie Wo r te eheg?, 2 uut 04 http://www.bbc.com/news/ 2014, August 12 Peshmerga?’, the are Who ‘Profile: News, BBC Ibid. CNN, ‘Kurdish Peshmerga Learn Tactics to Fight ISIS’, 25 February 2015, http://edition.cnn.com/ 2015, February 25 ISIS’, Fight to Tactics Learn Peshmerga ‘Kurdish CNN, A. Bayoumi and L. Harding, ‘Mapping Iraq’s Fighting Groups’, Al Jazeera, 27 June 2014, http://www. M. Knights, ‘The US, the Peshmerga and Mosul’, Al Jazeera, 28 July 2016, http://www.aljazeera. 2016, July 28 Jazeera, Al Mosul’, and Peshmerga the US, ‘The Knights, M. ARA News, ‘Scores of Kurdish Peshmergas Killed in ISIS Attack Near Iraq’s Khazir’, 19 September 2016, M. Chulov, ‘Kurdish Peshmerga Call for Heavy Weaponry to Take Their Fight to ISIS’, on suchattackswithcarbombsandmortarshells. depend now they why that’s Peshmerga, the with battles many lost They’ve forces. Peshmerga the with clashes avoid to trying are (ISIS) terrorists Daesh 255

251

257 256 The Guardian 254

252

, 22 253 - -

voice andshoutsothecorruptgetscaredofyou’,heencouragedpeople. ‘Abadimust carry out grassroots reform’, Sadr said in front of the protesters. reforms. on deliver to failure government’s the and ‘RaiseIraq in corruption against yourprotest to On 26 February 2016, Sadr led a million-man demonstration in Baghdad’s Tahrir Square tive ofdefeatingISforthepurposereunifyingIraq. objec the with force, sectarian than rather nationalist a be to claim Brigade Peace 27 March, he himself walked into the Green Zone to begin a sit-in, urging followers followers urging a sit-in, to begin Zone Green the into walked he himself 27 March, h lret epn asnl i Ia, nldn ln-ag missiles. long-range including Iraq, in arsenals weapons largest of one the to access have to thought are who fighters loyal 60,000 has he claims Sadr places. holy and religion country, people, the defend to regroup to porters sup his on called al-Sadr, Muqtada cleric, Shia powerful Iraq, in IS to response In 6. SadrFighters/ Sadr’sPeace Brigades/SarayaAl-SalamShia tured Mosul. On 16 September 2016, IAI released a video allegedly showing its its showing allegedly video a presence byattackinganarmedvehicle. released IAI 2016, September 16 On Mosul. tured cap successfully they when military Iraqi the against IS with was attack last IAI’s that eruptedacrossIraqin2011. protests anti-government the of supporter a as seen was group the period, inactive relatively a After withdraw. to began Iranian forces US as growing especially Iraq, considered inside it influence what towards more attention its shifted portedly re also group The al-Qaeda. fight to Councils Awakening US-backed the joined former by led be to have to thought were thought members IAI some is 2006-2007, During group officers. military Iraqi The 2003. in Iraq of invasion US the after formed that groups armed Sunni major the of one is (IAI) Iraq of Army Islamic The 5. Islamic ArmyofIraq http://www.reuters.com/article/us-mideast-crisis-iraq-sadr-idUSKCN0WJ241 263 offensive.php. http://www.longwarjournal.org/archives/2016/05/sadrs-peace-brigades-prepares-for-mosul- 262 http://rudaw.net/english/middleeast/iraq/26022016. 261 150223091549767.html http://www.aljazeera.com/news/2015/02/sunni-boycott-threatens-reconciliation-efforts-iraq- 260 259 258 militias. Shia the include not will operation the that insisted has but to Mosul, liberating in preparing government is Iraqi the aid military US The IS. the from Mosul of city northern the retake offensive to an in participate to militia his preparing been has Sadr 2016 May Since outside the Green Zone, which he called ‘a bastion of support for corruption’.

Rudaw, ‘Shiite ClericSadrLeads 1MillionManAnti-Gov’t Demonstration’, 26 February 2016, Reuters, ‘Iraq’s Sadr SpurnsCallsto Drop Sit-In Over “Bastion of Corruption”’, 17March 2016, . lSly ‘un Byot hetn Rcniito Efrs n rq, l aer, 3 eray 2015, February 23 Jazeera, Al Iraq’, Threatens Reconciliation Boycott al-Salhy, in ‘Sunni Efforts S. A. Bayoumi A. andL.Harding, ‘MappingIraq’s fightinggroups’. IslamicArmy of Iraq, 17September 2016, https://www.youtube.com/watch?v=WlN82SSDQ8w.A B. Roggio, ‘Sadar’s Peace Bridges Prepares for Mosul Offensive’, FDD’s Long War Journal, 17 March 2017, 258 262

On 18 March, Sadr’s followers began a sit-in sit-in a began followers Sadr’s March, 18 On 259 . 260 261 The Sadr Sadr The 263 On - - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 73 THE WAR REPORT : ARMED CONFLICTS IN 2016 74

On 14 August 2016, Iraqi forces, led by the Kurdish Peshmerga army, launched launched army, Peshmerga Kurdish the by led forces, Iraqi 2016, August 14 On The BattleofMosul (ongoingsinceOctober2016) as they battle IS. aid in million $415 with forces Peshmerga Kurdish the of members select vide On 14 July 2016, the U.S. signed a deal with the Iraqi Kurdistan government to pro additional 200 troops an deploy would U.S. the that 2016 April in announced administration Obama The tle. six months. Up to 90,000 civilians were allegedly trapped in the about city during for the siege bat facto de a under been had city the but May, in started Fallujah ture recap to operation The 2014. January in group the by seized was and Mosul, after Iraq in IS of stronghold important most second the be to considered was Fallujah The battleofFallujah (May–June 2016) the GreenZonekissedSadr’shandasheallowedhimtoenter. at security of charge in general army Iraqi The peaceful. remain and outside stay to news/2016/08/iraq-troops-advance-isil-held-mosul-160814054001692.html. 271 http://english.aawsat.com/2016/07/article55354349/u-s-offer-military-support-kurdish-peshmerga. 270 com/news/2016/07/signs-military-aid-deal-iraq-kurdish-fighters-160714071048418.html. 269 mosul.html?_r=0. ISIS’, 268 www.reuters.com/article/us-mideast-crisis-iraq-carter-idUSKCN0XF1ZP. 267 http://edition.cnn.com/2016/06/26/middleeast/falluja-liberated-isis/. 266 com/news/2016/06/90000-civilians-fallujah-160608163552169.html. 265 http://uk.reuters.com/article/mideast-crisis-iraq-sadr-idUKL5N16Z0EC. 264 Mosul, near villages several retake to offensive an According toCNN,over1,800ISmilitantswerekilledduringtheoperation. the totalnumberofUStroopstoapproximately4,647. bringing 2016, July in troops 560 another and rule, IS under city largest the Mosul, and militarysupportintheformofweapons,ammunitionequipment. C. C. L

265

A Al Jazeera, ‘Iraq: Troops Advance on ISIL-Held Mosul’, 14 August 2016, http://www.aljazeera.com/2016, August 14 Mosul’, ISIL-Held Troopson Advance‘Iraq: Jazeera, Al Y. http:// Torbati,MoreTroops2016, Send April toTackle 18 to‘U.S. Iraq State’,Reuters, to Islamic The New York Times D. Abdullah, ‘U.S. to Offer Military Support to Kurdish Peshmerga’,Kurdish to Support Military Offer to ‘U.S. Abdullah, D. Al Jazeera, ‘UN: Up to 90,000 Civilians Inside ISIL-Held Fallujah’, 8 June 2016, http://www.aljazeera. Al Jazeera, ‘US Signs Military Aid Deal With Iraq’s Kurdish Fighters’, 14 July 2016, http://www.aljazeera. M.S. Schmidt and M. Landler, ‘U.S. will deploy 560 More Troops to Iraq to Help Retake Mosul from Mosul Retake Help to IraqTroops Moreto 560 deploy will ‘U.S. Landler, M. and Schmidt M.S. E. McKirdy and H. Alkhshali, ‘Iraqi General: “The Battle for Falluja is Over”’, CNN, 26 June 2016, June 26 CNN, Over”’, is Falluja for Battle “The General: ‘Iraqi Alkhshali, H. and McKirdy E. Reuters, ‘Iraq’s Sadr Begins Sit-In Inside Green Zone, Tells Supporters to Stay Outside’, 27 March 2016, T A month later, the Iraqi army was able to win the city from the armed group. group. armed the from city the win to able was army Iraqi the later, month A ES T

D EVELOPMEN 269 A Kurdish government spokesman said the aid included financial financial included aid the said spokesman government Kurdish A , 11 July 2016, http://www.nytimes.com/2016/07/12/world/middleeast/us-iraq- 267 to advise and assist Iraqi security forces advancing toward toward advancing forces security Iraqi assist and advise to T S IN 2016: IN S M ILI T ARY GAINS 271 AG 268 leading to concerns about about concerns to leading AINS Ashraq Al-AwsatAshraq T 264

I SLAMI C , 13 July 2016, July 13 ,

ST A T 270 266 E - - -

ment forces launched an offensive to liberate the western part of the city, after after month, city, preceding the the of half eastern part city’s the western retaking the liberate to offensive an launched forces ment two of the victims, with the assistance of lawyer Amal Clooney, Amal lawyer of assistance the with victims, the of two respect andprotectionfortheestimated650,000civilianstrappedincity. self-proclaimed governments — the House of Representatives (HoR) in Tobruk and in (HoR) Tobruk — of the House Representatives governments two self-proclaimed the between solution (a Accord National General the Government’— of ‘Unity formation UN the After group. known armed militia al-Sharia of Ansar the group and the Dawn’ ‘Libya Shield’, as ‘Libya the least at including non-state groups, several armed between violence armed by marred been has Libya 2014, Since Classiﬁcation oftheconﬂict: 5. Yazidis. the against genocide ting commit was IS that stated Syria on Inquiry of Commission UN the 2016, June In population. civilian the of displacement the genocide-issue-at-international-criminal-court/. http://v6.yazda.org/v6/press/yazidis-request-russian-federation-to-raise-yazidi- 2016, August 2 Court’, 280 http://www.nbcnews.com/storyline/isis-uncovered/amal-clooney-takes-isis-clear-case-genocide-yazidis-n649126. 2016, September 19 News, NBC Yazidis’, of cide” 279 15 June 2016, http://www.ohchr.org/Documents/HRBodies/HRCouncil/CoISyria/A_HRC_32_CRP.2_en.pdf. 278 com/news/world-middle-east-39018519. 277 world-middle-east-37702442. 276 news/world-middle-east-38459024. 275 com/news/world-middle-east-37709970. 274 273 August 2016, http://www.nytimes.com/2016/08/24/world/middleeast/isis-mosul-iraq.html?ref=world. 272 case attheUNSecurityCouncil,forapossiblereferraltocourt. their plead to Russia pressuring by notably ICC, the before brought be to case the made some progress in the following months. following the in progress some made trol. con IS under centre population largest the was Mosul 2016, June of as remaining D . WAR CRIMES CRIMES WAR .

J. Malsin‘The Next War for Iraq’, BBC News, ‘Mosul Battle: UN Plea to ProtecttoTrapped Plea2017, FebruaryUN 18 Battle: Civilians’, ‘Mosul http://www.bbc.News, BBC BBC, ‘Mosul Battle: Iraqi Forces Advance in Fresh Push’, 29 December 2016, http://www.bbc.com/2016, December 29 Push’, FreshForcesAdvanceIraqi in Battle: ‘Mosul BBC, BBC News, ‘Mosul Battle: Kurds Launch “Large-Scale” Offensive’, 20 October 2016, http://www.bbc. R. Gladstone, ‘1.2 Million Iraqis Could be Uprooted in Mosul Battle, U.N. Says’, HRC ‘“They Cameto Destroy”: ISISCrimesAgainst theYazidis’, UNdoc.A/HRC/32/CRP.2, B Nw, Btl fr ou: h Soy o a’ 3 ac 21, http://www.bbc.com/news/ 2017, March 3 Far’, so Story The Mosul: for ‘Battle News, BBC . cadn J Wimn n H Rply, Aa Cony ae o II fr cer ae geno case “clear for ISIS on Takes Clooney ‘Amal Rappleye, H. and Whitman J. McFadden, C. 273 Yazda, ‘Yazidis Request Russian Federation to Raise Yazidi GenocideIssue atInternational Criminal I B The operation to retake Mosul effectively started in October 2016, YA: THE YA:THE A A LLE MPLIFI G A T IONS, IONS, C A Time I T NVES ION OF CHAOS 278 , 13June2016, http://time.com/isis-mosul/. While Iraq is not a party to the Rome Statute, Statute, Rome the to party a not is Iraq While T I G A T IONS, AND AND IONS, 272 275 With roughly 600,000 residents In February 2017, Iraqi govern Iraqi 2017, February In P 276 ROSE while the UN called for for called UN the while C U T The New York Times 279 IONS are pushing for for pushing are 280 274 277 and , 23

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PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 75 THE WAR REPORT : ARMED CONFLICTS IN 2016 76 Zintan allied to Libya Dignity continued and led to many civilian casualties. civilian many to led and continued Dignity Libya to allied Zintan Al-Thinni was appointed as the new interim prime minister until the elections. of Tripoli. of victorious in the 2014 elections and established their government at Tobruk instead the background of boycotts and insecurities, the Council of Representatives emerged ple oe t te ot, ih oe rus lyn wt Oeain int or Dignity Operation with allying groups also some north with the south, in the to conflicts over Armed spilled Al-Kufra. and Awbari Sabha, in particularly south, the in hostilities localized in engaged groups armed tribal 2015, and 2014 In questioned, be to icate Islamic terrorism. Meanwhile, the legality of Maiteeq’s appointment continued launched a military operation (‘operation dignity’) in Benghazi with the aim to erad and alliance’ dignity ‘Libya the formed Hifter Khalifa General result, a As Minister. Prime new the as appointed was groups, Islamist Misrata-based by backed as ceived per widely Maiteeq, Ahmed when 2014 May in deteriorated Libya in situation The 2016, January in Tripoli) in (GNC) Congress National General the 289 28510865 288 chapters/libya?page=3. 287 ft.com/intl/cms/s/0/933dac82-efb7-11e3-9b4c-00144feabdc0.html#axzz3ZkT4mdnD. 286 www.businessinsider.com/r-libyan-supreme-court-rules-pms-election-unconstitutional-2014-09?IR=T. 285 news/world-africa-27276153. 284 4 May http://www.reuters.com/article/2014/05/04/us-libya-politics-idUSBREA4304720140504. 2014, 283 www.crisisgroup.org/middle-east-north-africa/north-africa/libya 282 281 the Tripoli based government (GNC) had their leaders but none of the two could two exercise effectivecontrol. the of none but leaders their had (GNC) government based Tripoli the and government based Tobruk both as instability strong to led this Minister, prime new the as Tinni declared Representatives of House the of parliament based Tobruk of his appointment as illegal. as appointment his of conflict inLibya2016canbeclassifiedasanon-internationalarmedconflict. The IS. and U.S.) the by (backed Accord National General UN’s the between olence vi armed of round another of beginning the witnessed 2016 year the IS, of advent Court also confirmed the illegality of his appointment. his of illegality the confirmed also Court A . H

BBC News, ‘Libya Profile — Timeline’, 10 August 2016, http://www.bbc.com/news/world-africa-13755445. Human Rights Watch, ‘World Report 2015: Libya’, http://www.hrw.org/world-report/2015/country- F. Bosalum and U. Laessing, ‘Maiteeq Installed as Libya’s New PM but Dismissed by Speaker’, Reuters, ‘Libyan Supreme Court Rules PM’s Election Unconstitutional’,Insider,http:// ‘LibyanBusinessElection 2014, Supreme PM’s CourtJune Rules 9 IS Unless otherwise stated, this section is based on the Crisis Watch Database profile of Libya, https:// BBC News, ‘Libya Clashes Kill 38 in Benghazi’, 28 July 2014, http://www.bbc.com/news/world-africa- HumanRightsWatch, ‘World Report 2015: Libya’. Financial Times, ‘Supreme Court in Libya Reinstates Former Prime Minister’, 9 June 2014, http://www. BBC News, ‘Libya Congress Rejects New PM Ahmed Maiteg’, 4 May 2014, http://www.bbc.com/ 2014, May 4 Maiteg’, Ahmed PM New Rejects Congress ‘Libya News, BBC T ORY OF 287 The clashes in Tripoli between Libya Dawn (Islamic faction) and the and faction) (Islamic Dawn Libya between Tripoli in clashes The T HE CONFLI 283 leading the chairman of the congress to finally declare the vote the declare finally to congress the of chairman the leading 289 CT 284

282 Maiteeq had to finally step down after the Supreme the after down step finally to had Maiteeq 285 As a result of his removal, his of result a As 281 and with the the with and 288

286 The In - - -

cooperating with factions from Misrata. from factions with cooperating of hard-line and moderate Islamist groups, alliance and members of the ethnic Berber an minority, is factions, Islamist includes that militia Misrata-led a Dawn, Libya 1. LibyaDawn took intervention the As place withconsent,thenatureofarmedconflictremainsnon-international. UN. the by backed government unity the of invitation the at Sirte in IS against operations air sustained launched U.S. the 2016, August In Islamic Stategroup. the in integrated been reportedly now has which al-Sharia, Ansar and government, backed Tripoli-based the Alliance, supports which Dawn, Dignity Libya government; Libya Tobruk-based the the by are 2016 in Libya in NIAC the to parties The Libya Dawn. news/world-africa-37188226. 293 here-are-the-key-players-fighting-the-war-for-libya-all-over-again/. Washington Post 292 bbc.com/news/world-middle-east-19744533. 291 doc. A/HRC/31/47, 15February 2016. 290 thought tohavebeendeployedinSirte. were whom of many country, the in fighters 5,000 about has group the that mated There are no reliable figures about the number of IS militants in Libya but it is esti 2016. August in city the With from back pushed Sirte. was IS of strikes, air US city the of the support the of control take to on went group The year. the during out driven was it where from Derna, of city eastern the in presence a built had IS 2015, In IS. of emergence the was 2015 in Libya in ground the on development major A 3. Islamic State(IS) seized control ofBirakal-ShatiairportincentralLibya,over700kmsouthTripoli. Force Third Its groups. smaller into down Central broken The further forces. is Shield Defence’ Libya of ‘Ministry its of part as authorities Tripoli gnized unreco the by viewed is and GNC defunct the supports Shield Libya Central The rate invariouspartsofthecountry. ope that name same the of militias several of up made is group Shield Libya The 2. LibyaShield ‘armed forces’oftheGNC,formerparliamentwhichhasreconvenedinTripoli. B. B. P

AR Seefor information,further BBCNews, ‘Guide to Key Libyan Militias’, 11 2016,January http://www. BBC News, ‘What Next for Islamic State in Libya After Sirte?’, 27 August 2016, http://www.bbc.com/ I. Tharoor and A. Taylor, ‘Here Are the Key Players Fighting the War for Libya, All Over Again’, Over All Libya, forWar the Fighting Players KeyTaylor, the AreA. ‘Here and Tharoor I. Investigation by the Office of the United Nations High Commissioner for Human Rights on Libya, UN T IES T

290 O , 27 August 2014, http://www.washingtonpost.com/blogs/worldviews/wp/2014/08/27/ T

HE CONFLI

CT 291 292 293 The militia alliance can be viewed as the as viewed be can alliance militia The The - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 77 THE WAR REPORT : ARMED CONFLICTS IN 2016 78

and gained prominence following the death of Muammar al-Qaddafi. revolution Libyan 2011 the during brigade revolutionary a as manifested initially was Mohamed al-Zahawi. After his death, probably in September 2014, September in probably death, his After al-Zahawi. Mohamed was has beenlabelledasaterroristgroupbytheU.S. Pae’ US Nw, Dcme 21, http://www.usnews.com/news/world/articles/2015/12/01/ 2015, December 1 un-experts-up-to-3-000-islamic-state-fighters-in-libya. News, U.S. Player’, 1 301 news/world-africa-27492354. 300 html. www.aljazeera.com/news/2016/04/libya-tripoli-authority-rejects-backed-government-160407041526033. world-africa-35974641; Al Jazeera,‘Libya’s Tripoli Authority Rejects UN-Backed Government’, 7 April 2016, http:// 299 Leaders’, 10 https://www.state.gov/j/ct/rls/other/des/266560.htm. January2014, 298 297 How-Gaddafis-home-city-in-Libya-fell-under-the-rule-of-Islamic-State-jihadists.html. http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/11460124/ 2015, March 10 296 reuters.com/article/2015/01/23/us-libya-security-idUSKBN0KW1MU20150123. 295 world-africa-27732589. 294 of Sirte. city coastal the over control gained quickly had IS country, the force, in turmoil a tary mili and as political the emerged of advantage further Taking Benghazi. IS and Derna to in particularly allegiance pledging groups meantime, the In ernment, contrary to its earlier acceptance of it. of acceptance earlier its to contrary ernment, Gov Unity new the recognize to refused GNC Tripoli-based the 2016, April 7 On Benghazi. in based group armed Islamist radical a is al-Sharia Ansa 4. Ansaral-Sharia tias, launched a coordinated offensive on the Mediterranean port city, the group’s group’s the city, port Mediterranean the on offensive coordinated a launched tias, edly defected to the Islamic State of Iraq and the Levant in Libya. report Sirte, in organization its of majority the including group, the of members Army General Khalifa Haftar, a Tobruk-backed former Qaddafi loyalist, from the the new government. from loyalist, Qaddafi former Tobruk-backed a Haftar, Khalifa General Army Libyan exclude to allies GNC by demands and militias, Salafist to links politicians’ GNC about concerns HoR’s the include to continue government unity a of success the to obstacles principle The GNC. Tripoli-based the rival its and HoR bruk-based To the with Tunisia and Morocco in talks of series a facilitated had UN The ity. stabil restore to UN the by elaborated compromise a on based was Government C. C. R

E E.M Lederer, ‘UN Experts Say up to 3,000 Islamic State Fighters in Libya but Extremist Group is Group Extremist but Libya in Fighters State Islamic 3,000 to up Say Experts ‘UN Lederer, E.M TRAC, ‘Ansar al-Sharia in Libya (ASL)’, http://www.trackingterrorism.org/group/ansar-al-sharia-libya-asl. B Nw, Lbas rpl Gvrmn t Se Dw’ 5 pi 21 http://www.bbc.com/news/ 2016 April 5 Down’, Step to Government Tripoli ‘Libya’s News, BBC Reuters, ‘Leader of Libyan Islamists Ansar al-Sharia Dies of Wounds’, 23 January 2015, http://www. .. eatet f tt, Troit eintos f he Asr lSaia raiain and Organizations al-Shari’a Ansar Three of Designations ‘Terrorist State, of Department U.S. R. Sherlock and S. Tarling, ‘Islamic State: Inside the Latest City to Fall Under its Sway’, F. Irshaid, ‘Profile: Libya’s Ansar al-Sharia’, BBC News, 13 June 2014, http://www.bbc.com/news/ 2014, June 13 News, BBC al-Sharia’, Ansar Libya’s ‘Profile: F.Irshaid, BBC News, ‘Profile: Libya’s Military Strongman Khalifa Haftar’, 22 April 2016, http://www.bbc.com/ C 301 EN InMay 2016, Libya’s UN-backedgovernment, with supportof alliedmili T

D EVELOPMEN 300

T S IN 2016: THE THE 2016: IN S A MPLIFI 298 299 C A

The creation of the new Unity Unity new the of creation The T ION OF CHAOS 296 Ansar al-Sharia al-Sharia Ansar 297 294 The Telegraph

The group group The Its leader leader Its 295 many many

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Libyan fighters fighting alongside the Unity Government pushed IS back to the the to back IS outskirts ofSirte. pushed Government Unity the alongside fighting fighters Libyan the issuetoUNSC. referred and Libya by non-compliance of finding a issued ICC the 2014 December 10 on consequence, a As twice. do to Saif requested been had it surrender which Qaddafi, and al-Islam cooperate to obligation legal its uphold to failed government on thesituationofLibya,stated: UNSC the to Prosecutor the of Office the of report twelfth the 2016, November In the former intelligence chief prosecute at home for his to alleged role during the bid 2011 uprising. Libya’s approved judges ICC the Sanussi, Abdullah of case the In (2011), 1970 Resolution with 2011 February 15 since Libya in situation the of (ICC) Court Criminal International the to referral (UNSC) Council Security UN the Following IS. of headquarters the capturing in successful was Government Unity the strikes, air US of support the with 2016, August 11 On most significantstrongholdoutsideofSyriaandIraq. http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/pr1034.aspx. 308 307 Case Information Sheet, http://www.icc-cpi.int/iccdocs/PIDS/publications/GaddafiEng.pdf. also, See news/2014/05/21/libya-final-icc-ruling-gaddafi. 306 26 February 2011, http://www.un.org/ga/search/view_doc.asp?symbol=S/RES/1970%20%282011%29. 305 www.reuters.com/article/us-libya-security-idUSKCN1130TH. 304 u-s-backed-fighters/. 10 August 2016, http://www.pbs.org/newshour/bb/news-wrap-libyan-headquarters-isis-captured-claim- 303 www.reuters.com/article/us-libya-security-idUSKCN0Y21CB. 302 to try Qaddafi domestically for crimes against humanity. against crimes for domestically Qaddafi try to D . WAR CRIMES AND AND CRIMES WAR .

HumanRightsWatch, ‘World Report 2015: Libya’. PBS Newshour, ‘News Wrap: Libyan Headquarters of ISIS Captured, Claim U.S.-Backed Fighters’, U.S.-Backed Claim Captured, ISIS of Headquarters Libyan Wrap: ‘News Newshour, PBS Security Council Resolution 1970 (2011), UNdoc.S/RES/1970 (2011), Reuters, ‘Western Libyan Forces Prepare Attack on Islamic State Stronghold’, 11 May 2016, http:// 2016, May 11Stronghold’, State Islamic on PrepareForcesAttack ‘WesternLibyanReuters, ICC, ‘Al-Senussi Case: Appeals Chamber Confirms Case is Inadmissible Before ICC’, 27 July 2014, 2014, July 27 ICC’, Before Inadmissible is Case Confirms Chamber Appeals Case: ‘Al-SenussiICC, ua Rgt Wth ‘iy: ia IC uig n adf’ 2 My 04 http://www.hrw.org/ 2014, May 21 Gaddafi’, on Ruling ICC Final ‘Libya: Watch, Rights Human A. Lewis, ‘High toll for Libyan troops battling Islamic State in Sirte’, Reuters, 29 August 2016 http:// 305 security risks and will continue to work in partnership with the Libyan Pro Libyan the with partnership in work to continue will and risks security corresponding the mitigate to looking constantly also is Office The possible. as soon as investigations situ in conduct to country the to returning of aim the with sources, of variety a through Libya in situation security the assess to continues Office The cases. new possible and existing both to relation in territory Libyan within investigations conducting from Office the precludes currently instability This Libya. in persists situation security unstable The on 21 May 2014 the ICC issued a final decision rejecting Libya’s request 304

P 307 ROSE C U T IONS h Poeuo v Si A-sa Gaddafi Al-Islam Saif v. Prosecutor The 303

In the last week of August 2016, 2016, August of week last the In 302

306 However, the Libyan Libyan the However, ICC , 308 -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 79 THE WAR REPORT : ARMED CONFLICTS IN 2016 80 African Union,theEU,andU.S.didnotrecognize theputativenewstate. up arms demanding greater rights for their people. The conflict followed similar similar followed conflict The people. their for took rights who greater nomads demanding arms Touareg up the by militancy producer, escalating gold the end third-biggest to struggled Africa’s had Mali, Algiers. capital, Algerian of the days in four after talks ceasefire a agreed group the and Government the 2008, July In armed non-state groups then under Touareg the umbrella ethnic of the of number a and of Government north the the between in country the conflict low-intensity in engaged been has Mali 2006, May Since the met threshold forapplicabilityofthe1977AdditionalProtocolII. conflict The 2014. in MNLA the and (MOJWA), Africa West in Jihad and with Oneness for conflict Movement the Dine, armed Ansar (AQIM), Maghreb non-international Islamic the in a al-Qaeda in involved was (MINUSMA), Mali Mission in Stabilization Integrated Multidimensional UN the in then Mission (AFISMA), Support Mali International African-led the and France by supported Mali, Classiﬁcation oftheconﬂict: 6. Briefing-War-and-peace-Mali-repeats-the-cycle. 311 http://www.bbc.com/news/world-africa-13881370. 310 iccdocs/otp/16-11-10_OTP-rep-UNSCR-1970_ENG.pdf,https://www.icc-cpi.int/ 13, para 2016, November 9 (2011)’, 1970 UNSCR to Pursuant Council Security 309 Mali. northern in territory a Azawad, the of independence the proclaimed rebels, Touareg for group umbrella new a (MNLA), Azawad of eration Lib the for Movement National the 2012, April 6 On Libya. from weaponry new received had who of Touareg, the in face the forces armed by Malian suffered losses of series a of aftermath the in came coup The Toure. Toumani Amadou elected President the overthrew Bamako, capital, the in coup military a 2012, March 22 On rebellions inthe1960sand1990sbyTouareg. A OF CUL .

IRIN, ‘War and Peace – Mali Repeats the Cycle’, 29 March 2012, www.irinnews.org/Report/95186/2012, March 29 Cycle’, the Repeats Mali – Peace and ‘War IRIN, Unless otherwise stated, this section is based on BBC News, ‘Mali Country Profile’, 21 May 2015, May 21 Profile’, Country ‘Mali News, BBC on based is section this stated, otherwise Unless IS OTP, ‘Twelfth Report of the Prosecutor of the International Criminal Court to the United Nations United the to Court Criminal InternationalOTP, the Prosecutorof the ‘Twelfthof Report BREA - GROUND ALI: T ORY OF fice intends to expand significantly its investigations into crimes committed Of the 2017 in challenges, resource continuing the Despite evidence. tant impor collect and investigations conduct to continuing in successful been has Office the Libya, of outside Working missions. investigative of conduct safe the permit will that solution suitable a find to office General’s secutor falling undertheCourt’sjurisdiction. behaviour criminal grave alleged of instances current including 2011, from T URAL T HE CONFLI P ROPER CT T 310 Y K IN G

I CC CASE ON ON CASE CC 309 23 May Democratic Alliance for Change T HE D ES

Among others, the the others, Among T RU CT ION 311 311

- - - . with Ansar Dine and the MOJWA the MNLA was expelled from the main northern northern main the from combat expelled was MNLA the MOJWA the fierce and Dine Ansar with following and imploded, MNLA the and Dine Ansar between ship relation strained already the June, by But deal. the ‘endorsed’ AQIM Timbuktu. in law Islamic impose to began Dine Ansar state. Islamic an Mali northern declaring September, seeingtheIslamistscomeeverclosertoGovernment-heldterritory. in followed Douentza of town The 2012. July by Timbuktu and Kidal, Gao, of cities cally any declarations to the contrary’, and demanded ‘an immediate cessation cessation immediate groups’. rebel ‘an by Mali of north demanded the in hostilities and of contrary’, the to declarations any cally categori reject and Mali of integrity territorial and unity sovereignty, the spect re and uphold to need ‘the reaffirmed Council Security UN the 2012, April 9 On un.org/en/peacekeeping/missions/minusma/documents/mali%20_2100_E_.pdf. 317 316 315 afrique/20120320-nord-mali-rupture-mnla-ancar-dine-touaregs-Iyad Ag Ghali. 314 313 Press/docs/2012/sc10603.doc.htm. 312 17 January. on arrived (AFISMA) Mali in Mission Support forces International first African-led The the from troops. 4,000 Islamist some the deploying Serval, against Operation operations in groups began armed military French the 2013, January 11 On planned tocomprisesome3,300militarypersonnel. was which mission, the for support logistical announced Kingdom United the and to agreed USA, the France, Union, north. the recapture African to expedition and military UN coordinated a launch the by backed ECOWAS, 2012, November In In May 2012, the MNLA and Islamist militant group Ansar Dine military junta opposedtheidea. the though even stability 3,000 restore to of effort an force in a Mali to send soldiers to regional decided (ECOWAS) States African West of Community 2100 in which it it which in 2100 Resolution adopted Council Security UN the April, 25 On end. year’s by 1,000 than no more to have aiming troops of its some to withdraw began France 2013, In April

UN Security Council Resolution 2100, UN doc. S/RES/2100 (2013), 25 April 2013, §4, http://www. §4, 2013, April 25 (2013), S/RES/2100 doc. UN 2100, Resolution Council Security UN AnsarDinewas founded by Touareg rebel Iyad Ag Ghaly. International Institute for Strategic Studies, UN Security Council, ‘Security Council Press Statement on Mali’, 10 April 2012, www.un.org/News/2012, April 10 Mali’, on Statement Press Council ‘Security Council, Security UN See ‘Mali Profile’ inAnnyssa Bellal(ed) F, Rpue nr l ML e Asr ie u od u ai, 0 ac 21, www.rfi.fr/ 2012, March 20 Mali’, du Nord au Dine Ansar et MNLA le Entre ‘Rupture RFI, facilitated bytheSecretary-General. thorities of Mali to engage expeditiously in an inclusive negotiation process, the unity and territorial integrity of the Malian State, and the transitional au conditions, without recognize, who and groups terrorist associated and dine Ed Ansar MUJAO, AQIM, as such organizations terrorist with ties all off cut have who Mali in parties such and all arms urge[d and their immediately hostilities aside cease put Mali in groups armed rebel all that Demand[ed] 315 Combatoperationstookplacethroughoutthefirstpartof2013. The War Report 2014 Military Balance 317 2014, Chapter 2014, 9:Sub-Saharan Africa. 312 , Oxford University Press, p147. In May 2012, the Economic Economic the 2012, May In 313 sought to sought merge, 316 314

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PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 81 THE WAR REPORT : ARMED CONFLICTS IN 2016 82 Attacks extended to neighboring countries in 2016. On March 2016, a shooting at at shooting a 2016, March On 2016. in countries neighboring to extended Attacks ordination of Azawad Movements (CMA) and the Platform of armed groups (the (the groups armed of Platform the and (CMA) Movements Azawad of ordination armed of coalitions two Co the namely other, each and against and government the fighting were that groups Government Malian the finally between has accord concluded peace been new a negotiation, and dialogue of process long a After individuals weresuspectedofkidnappingandkillingFrenchcitizens. the Both raid. in northern Ag Inawalen Ibrahim and Ag Hama Amada commanders al-Qaeda leading killed Forces Special French that reported was it 2015, May 21 On pro-government forces. the from Menaka of town the recapture to attempted and Lere of town the seized Aza of and Timbuktu Coordination in Peacekeepers UN with clashed the rebels northern Movements wad as violence of level the in upsurge an saw 2015 April an army clashed with Tuareg rebels in the first fighting since the June peace accord. Mali the September, In elections. presidential won July–August Keita Boubacar Ibrahim 2013, In January. in Islamists out forced had troops French after captured had they Kidal of town northern the over hand to agreed Rebels elections. for national way the pave to rebels Tuareg with deal peace a signed Government the June, In Mali. rebuild help to billion US$4 pledged conference international an May, In 2013. July 1 on MINUSMA to AFISMA from transferred be would authority that determining MINUSMA, established further Resolution The November 2015, http://www.nytimes.com/2015/11/21/world/africa/mali-hotel-attack-radisson.html?_r=0. 323 Peace Research Institute, 27 August 2015, https://www.sipri.org/node/385. 322 com/news/2015/05/french-special-forces-kill-al-qaeda-leader-mali-150520203048981.html. 321 news/world-africa-32327252. 320 319 318 Bamako. in Hotel Blu Radisson the at killed were people 16 2015, November In remaining The CMA. the of part CMA groupssignedtheaccordon20June2015. forming groups two and Platform the Mali, of Government the by 2015 May 15 on signed formally was process], Algiers the from emanating Mali in reconciliation and peace for [Accord d’Alger processus du issu Mali au réconciliation la et paix la pour Accord accord, peace new The Platform). vent suchviolationsandabuses’. pre to human efforts to of contribute to ‘and Mali violations in committed IHL or of violations or abuses rights any on Council Security the to report’ and tigate inves help ‘monitor, to and deployment’ of areas and capacities its within lence, vio physical of threat imminent under civilians Mali, of authorities transitional the of responsibility the to prejudice ‘without protection, include to was NUSMA

Al Jazeera, ‘French Special Forces “Kill Al-Qaeda Leader in Mali”, 21 May 2015, http://www.aljazeera. Ibid,§7. Ibid,§16(c)(i)and(d)(i). D. Searcey Nossiter, Mali’, Hotel in on After A. Assault and Ends Siege ‘Deadly G. Nyirabikali, ‘Mali Peace Accord: Actors, Issues and Their Representation’, Stockholm International BBC News, ‘UN Base in Mali Hit by Deadly Suicide Bombing’, 15 April 2015, http://www.bbc.com/2015, April 15 Bombing’, Suicide Deadly by Hit Mali in Base ‘UN News, BBC 320 319

322 318 The mandate of MI The New York Times 321 , 20 323 ------

emergency tillMarch29,2017amidtsfightingstilltakingplaceinthecountry. Chinese peacekeeper and three civilians. three and peacekeeper Chinese Islamic the a in killed that month that Qaeda attack an for Al responsibility claimed also Kidal. (AQIM) Maghreb near ambush an in killed were peacekeepers ian MA deployed its forces in July 2013. July in forces its deployed MA MINUS since killed been have peacekeepers 100 than more UN the to According formed personnel to more than 15,000. than more to personnel formed uni of number total the taking troops, 2,500 by contingent the increase to June 2. AFISMA personnel active 7500 and 0reservepersonnelin2016. around be to estimated is forces armed Malian of size The 1. Malian ArmedForces against MINUSMA and AFISMA, Mali, were AQIM, AnsarDine,MOJWAandtheMNLA. 2016 in NIACs the to parties The expanding. of risk at were State Islamic so-called the and al-Qaeda with affiliated groups rity, insecu continuing and deal peace the of implementation slow to the due and, to centre country the of part northern the from spreading were crime and terrorism that UN the warned Keita, Boubacar Ibrahim President, Malian 2016, September In civilians. nineteen killed Coast Ivory in hotel beach a military-strength-detail.asp?country_id=mali. 331 article/us-mali-un-netherlands-idUSKCN1271ZL?il=0. 330 https://www.un.org/press/ 2016, June 29 Mali’, en/2016/sc12426.doc.htm. in Mission Nations United for Mandate Robust” and 329 un.org/en/peacekeeping/fatalities/documents/stats_5ajan.pdf. 328 2016, http://www.reuters.com/article/us-un-assembly-mali-idUSKCN11T1N0. 327 africanews.com/2016/07/31/mali-extends-state-of-emergency-amidst-continued-fighting/. 326 http://www.reuters.com/article/us-mali-violence-idUSKCN10I0U0?il=0. 325 at-resorts-in-ivory-coast.html?mtrref=undefined&gwh=4F22AE983513FC9D0765EDE6511005E8&gwt=pay. Times 324 was which (AFISMA), Mali in Mission Support International African-led The deadliest placeforUNpeacekeepingforces. B. B. P

Global Firepower, ‘Mali Military Strength’, December 2016, http://www.globalfirepower.com/country- AR J. Irish, ‘Mali Leader Warns U.N.: Qaeda, Islamic State Gaining Ground in Country’, Reuters, 23 September etr ‘n U Paeepr ild Fu Wudd n ot Ml Mn Atc’ 7 uut 2016, August 7 Attack’, Mine Mali North in Wounded Four Killed, Peacekeeper UN ‘One Reuter, UN Peacekeeping, ‘Fatalities by Year, Mission and Incident Type up to 31 January 2017’, http://www. Reuters, ‘Dutch to Cut Role in U.N. Peace Mission in Mali’, 7 October 2016, http://www.reuters.com/ I. Akwei, ‘Mali Extends State of Emergency Amidst Fighting”, Africa News, 31 July 2016, http://www. UN Security Council, ‘Security Council Adopts Resolution 2295 (2016), Authorizing “More Proactive L. Coulibaly and D. Searcey, ‘16 Killed in Terrorist Attack on Resort Hotels in Ivory Coast’, , 13 March 2016, https://www.nytimes.com/2016/03/14/world/africa/gunmen-carry-out-fatal-attacks- T IES 327 T O

T HE CONFLI CT S 331 328 The UN Security Council (UNSC) voted in 329 325 Mali is now being considered to be the the be to considered being now is Mali In July 2016, Mali extended its state of of state its extended Mali 2016, July In 330 324 In May 2016, five Chad The New York 326 - - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 83 THE WAR REPORT : ARMED CONFLICTS IN 2016 84 African-led force, authorizing it ‘to use all necessary means’ necessary all use ‘to it authorizing force, African-led the from over taking MINUSMA’s 12,600-strong the approved UNSC the April, In 3. MINUSMA lian capital. transferred its authority to MINUSMA in an official ceremony in Bamako, the Ma AFISMA 2100, Resolution Council Security UN with accordance in 2013, July 1 On a out carry to Mali’ of unity number oftasks,including: and integrity territorial sovereignty, the of respect full in and law rights human and law humanitarian international applicable with compliance in measures, necessary all ‘take to mandate the with year, one of riod pe initial an for AFISMA of deployment authorized Security 2085 UN Resolution in The Council Staff. Defence of Chiefs of Committee ECOWAS the from by eration transition The op mandate. of concept mission’s the of (AU) review a followed Union African Union the to ECOWAS African an to reverted (ECOWAS), States African West of Community Economic the of auspices the under initially January 2014, www.cfr.org/north-africa/al-qaeda-islamic-maghreb-aqim/p12717.January 2014, 335 org/military/world/para/gspc.htm. 334 https://www.un.org/en/peacekeeping/missions/minusma/documents/mali%20_ §17, 2100_E_.pdf. 2013, April 25 333 sc10870.doc.htm. 332 sassinations, and suicide bombings of military, government and civilian targets. as raids, guerrilla-style of use the include tactics Its law. Shari’a on based regimes installing and governments, ‘unbeliever’ overthrowing by Africa North from ence U.S. and the EU. AQIM’s main objectives include the eradication of Western influ 4. Al-QaedaintheIslamic Maghreb (AQIM) third largestUNpeacekeepingforce. world’s the is MINUSMA aid. humanitarian of provision for conditions the create and artefacts, cultural and staff UN civilians, protect tasks, stabilization ty-related in northern Mali. foothold its expanded AQIM months, recent In affiliate. al-Qaeda an become since has and conflict, armed internal earlier Algeria’s during created was group The hel. AQIM is a Salafi-jihadist militant group operating in North Africa’s Sahara and Sa

UNSecurity Council Resolution 2100, UNdoc.S/RES/2100 (2013) Z. Laub and J. Masters, ‘Al-Qaeda in the Islamic Maghreb (AQIM)’, Council on Foreign Relations, Foreign on Council (AQIM)’, Maghreb Islamic the in ‘Al-Qaeda Masters, J. and Laub Z. UN Security Council Resolution 2085, 20 December 2012, §9, https://www.un.org/press/en/2012/§9, December2012, 20 2085,Resolution Council Security UN Globalsecurity.org, ‘Al-Qaeda in the Land of the Islamic Maghreb’, June 2011, www.globalsecurity.2011, June Maghreb’, Islamic the of Land the Globalsecurity.org,‘Al-Qaedain reduce theimpactofmilitaryactionuponcivilianpopulation. to measures appropriate taking while groups, extremist associated and JWA MU AQIM, including organizations, terrorist by posed threat the reducing in and groups armed and extremist terrorist, of control the under territory its of north the in areas the recovering in authorities Malian the support To 334 It has been designated as a terrorist organization by both the the both by organization terrorist a as designated been has It 333 to carry out securi 332 335 ------

organized crime. organized transnational against fight the in itself committed and terrorism and extremism of forms all rejected it whereby statement a issued group the intervention, ECOWAS trolled areas led thousands to flee. to con thousands their led areas in trolled Shari’a of imposition the while Timbuktu, in sites heritage world UNESCO of destruction the for responsible allegedly were members Dine’s Ansar groups werereportedtobeoperatinginclosecollaboration. rebel two the later, months few a However, AQIM. from itself distance publicly 7. National Movement fortheLiberationofAzawd(MNLA) caused that fact a great concern in Bamako. territory, occupied the of point southernmost the was Mali, region of Mopti the in situated town, the of capture The militia. self-defence from local a Douentza of town the seized group the September, 1 On 2012. March 21 on coup military the after Mali northern of control took that groups rebel the among was MOJWA The Mali. northern and Algeria in namely Africa, West in law Shari’a impose and jihad spread to intent its declared openly group rebel De the 2011, cember 12 on creation its announcing video that a In group mid-2011. terrorist in AQIM active from an emerged is (Movement MOJWA) Africa, l’Ouest West de in Afrique Jihad and en Oneness Jihad for du et Tawhîd le pour Mouvement The 6. Mouvement Pour leTawhîd etduJihadenAfrique del’Ouest(MOJWA) Mali. of integrity the territorial the challenging necessarily without over country whole law Islamic impose to is goal Dine’s Ansar MNLA, the Unlike 1990s. the in rebellions Touareg of leader a Ghaly, Ag Iyad by led was group The 2011. ber Decem in created was Arabic) in religion’ the of ‘defenders (meaning Dine Ansar 5. AnsarDine suborg/en/search/content/MUJAO 342 2012 http://www.globalsecurity.org/military/library/news/2012/09/mil-120904-voa08.htm. 341 ameriques/20130103-nord-mali-ansar-dine-aqmi-tombouctou-azawad. 340 www.lemonde.fr/afrique/article/2012/11/06/les-islamistes-d-ansar-dine-rejettent-le-terro risme_1786631_3212.html. 2012, 339 www.france24.com/en/20120605-mali-strange-bedfellows-mnla-ansar-dine-al-qaeda- aqim-islamists-tuareg. 2012, June 7 338 www.amnesty.org.uk/files/mali_briefing_jan_2013.pdf. 337 Africa Report 17, June2016, https://issafrica.s3.amazonaws.com/site/uploads/WestAfricaReport17.pdf. 336 extent, smaller a much to and, Tuareg by mainly formed organization military and political a is separatist (MNLA) l’Azawad de Libération de National Movement The organization associatedwithal-QaedabytheUNSecurityCouncil.

A. Look, ‘Islamic Militant Group in Northern Mali Expanding Southward’, Globalsecurity.org, 4 September Amnesty International UK, ‘Media Briefing — Mali Unrest 2012–2013’, January 2013, p 5, https:// 5, p 2013, January 2012–2013’, Unrest Mali — Briefing ‘Media UK, International Amnesty L. Jacinto, ‘Strange Bedfellows: The MNLA’s On-Again, Off-Again Marriage With Ansar Dine’, France24, Maïga, I. also See e te ntd ain Scrt Cucl lQia acin Cmite https://www.un.org/sc/ Committee, Sanctions Al-Qaida Council Security Nations United the See RFI, ‘Au Nord du Mali, Ansar Dine et Aqmi Œuvrent Main Dans la Main’, 3 January 2013, www.rfi.fr/2013, January 3 Main’, la Dans ŒuvrentMain Aqmi et Dine ‘AuAnsar RFI, Mali, Norddu e Monde Le ‘ai Ls saits ’na Dn Asrn Rfsr e troim”, November 6 “terrorisme”’, le Refuser Assurent Dine d’Ansar Islamistes Les ‘Mali: , 336 339 This declaration seemed to indicate the will of Ansar Dine to to Dine Ansar of will the indicate to seemed declaration This Armed Groups in Mali: Beyond the Labels the Beyond Mali: in Groups Armed 341 On 5 December 2012, the group was listed as a terrorist as a terrorist listed was group the 2012, On 5 December 338 In November 2012, in light of the planned planned the of light in 2012, November In , Institute for Security Studies West Studies Security for Institute , 340 342 337 - - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 85 THE WAR REPORT : ARMED CONFLICTS IN 2016 86

the nine-yearsentence. and apparent willingness to cooperate with the court seems to have contributed to confession His mausoleums. historic the of destruction the to forces rebel leading were sermons his that admitted al-Mahdi al-Faqi Ahmad Mali. in conflict 2012 the during committed law international under crimes addressing far so case ICC only the and property cultural of destruction the on focus to case ICC first the was case The al-Mahdi The 2012. 2012. in government July the by ICC the to 11 referred was Mali in and situation June 30 between Timbuktu in mosques and 10 against mausoleums Ahmad attacks directing sentenced intentionally for (ICC) imprisonment Court years nine to Criminal al-Faqi International the 2016, September In 2011, October 16 on founded was It Mali. Northern in situated territory the in living people other and Saharan www.bbc.com/news/world-africa-37483967. 344 mali/mali-humanitarian-overview-30-september-2014. 343 committed crimes Statute Rome over jurisdiction has ICC The 2000. in Statute) (Rome Court Criminal International the of Statute Rome 1998 the to adhered Mali tion-cultural-property/. protecting-cultural-heritage-international-criminal-courts-prosecution-destruc http://hrbrief.org/hearings/ 2016, November 5 Property’, Cultural of of Destruction Prosecution Court’s Criminal International The Heritage: Cultural ‘Protecting (ICC-01/12-01/15), di reading: Further ment ofMay2015. Agree Algiers the signed has and process peace the of part is MNLA territory. lian Ma within still but Azawad the of administration autonomous more a of favour in MNLA region Azawad the of the independence the for claim political its 2013, reconsidered has Since peoples. and regions small demographically on spending lavish governments’ as see they what resent southerners some yet them, ginalized mar has government the that felt have Malians northern some present, and past was but the In Mopti. Kidal, partially and Gao in Timbuktu, of regions the in presence present and active also strongest its had MNLA the Mali, Northern in Based MNLA. the form to (ATNM) Mali in Touareg of Alliance National the with merged D P C. . WAR CRIMES CRIMES WAR . ROPER L

A Reliefweb, ‘Mali: Humanitarian Overview (as of 30 September 2014)’, http://reliefweb.int/report/ 2014)’, September 30 of (as Overview Humanitarian ‘Mali: Reliefweb, BBC, ‘Mali Islamist Jailed for Nine Years for Timbuktu Shrine Attacks’ 27 September 2016, http:// 2016, September 27 Attacks’ Shrine Timbuktu Yearsfor Nine for Jailed Islamist ‘Mali BBC, T ES T T

Y AS Y A AS WAR CRIME D EVELOPMEN A LLE ICC, Al Mahdi Case, The Prosecutor v. Ahmad Al Faqi Al Mah G https://www.icc-cpi.int/mali/al-mahdi A 344 T T IONS, IONS, S IN 2016: IN S 343 I when the National Movement of Azawad (MNA) (MNA) Azawad of Movement National the when NVES I CC CASE ON ON CASE CC T I G A T IONS, AND AND IONS, T HE D P ES ROSE T RU ; Human Rights Brief, Brief, Rights Human ; C CT U T ION OF CUL IONS T URAL - - - - - purpose of the investigation or any future selection of charges. of selection future any the or investigation the of purpose for binding not therefore is and 53(1), Article under determination threshold the satisfying of purpose the for nature in preliminary was assessment OTP’s The rape. (6) pillaging (5) objects protected against attacks directing intentionally (4) process due without of out executions carrying the and of sentences passing the (3) torture and treatment, cruel mutilation, (2) murder (1) been had namely: Court 2012, January the since Mali in of committed jurisdiction the within crimes war that basis believe reasonable to a existed that determined had OTP the examination, preliminary its In 7. referral of the ‘situation in Mali since January 2012’ by the Malian Government. the the that following 2012, July Mali since in conducting been had (OTP) situation Prosecutor the the of Office of examination preliminary the of result the was decision This 2012. January since Mali of territory the in committed crimes leged al into investigation an opened formally Prosecutor ICC the 2013, January 16 On prosecute. to unable or unwilling are where courts national cases in 2002, November 1 since nationals its by or Mali of territory the in 346 345 Er since state new first Africa’s become and secede a to referendum in 2011 voted January Sudanese South of majority overwhelming An war. civil gest-running lon Africa’s ended that Agreement) Peace a Comprehensive of (the outcome deal the peace as 2005 2011 July in Sudan from independence gained Sudan South II. Protocol Additional 1977 the of plicability ap for threshold the met subsequently 2013, mid-December in began which flict, South Sudan armed forces (sometimes called the SPLM/A-in-Opposition). The con dissident with conflict armed non-international a in involved was SPLA) — Liberation Army People’s Sudan former (the forces armed its and Sudan South 2016, In Classiﬁcation oftheconﬂict: Mali isassignedtoPre-TrialChamberIIoftheICC. A IN . H S

T OTP, ‘Report onPreliminary ExaminationActivities 2013’, November 2013, §230. IS Ibid,§231. OU HE T ORY OF T S H UMMER OF 2016 OF UMMER S UDAN: UDAN: T HE CONFLI M ASSIVE CT H UMAN R I G H T S AND S AND IHL 346 The situation in in situation The

V IOLA T IONS 345 - - - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 87 THE WAR REPORT : ARMED CONFLICTS IN 2016 88 ident with General Taban Deng Gai. Deng Taban General with ident Pres Vice as him replaced Kiir country, the fled Machar After again. yet people of thousands of tens displacing 2016, July in factions opposition and forces ernment the government and declared the collapse of the August 2015 peace agreement. The South Sudan armed forces have been estimated to be 210,000 strong, South SudanArmedForces by theUPDF,againstdissidentSouthSudanarmedforces. The parties to the NIAC in 2016 were South Sudan and its armed forces, supported side of the country. out years two than more spending after President, Vice as in sworn was and 2016 April 26 on Juba to returned Machar war, civil the ending toward step first the As itrea split from Ethiopia in 1993. 2015, http://www.hrw.org/news/2015/02/16/south-sudan-government-forces-recruiting-child-soldiers. 354 globalfirepower.com/country-military-strength-detail.asp?country_id=south-sudan. 353 com/news/south-sudan-rebel-chief-issues-war-call-exile-155219801.html. 352 2016, http://foreignpolicy.com/2016/09/28/south-sudan-vp-blames-former-rebel-leader-for-unrest/. 351 18 August 2016, http://www.wsj.com/articles/south-sudans-vice-president-flees-country-1471530128. 350 tentative-step-forward-as-former-rebel-leader-becomes-VP. http://www.csmonitor.com/World/Africa/2016/0426/S.-Sudan-takes- 2016, April 26 Monitor, Science 349 aljazeera.com/news/2015/08/south-sudan-expected-sign-peace-deal-rebels-150826084550000.html. 348 347 President Salva Kiir signed a peace agreement with rebel leader and former Vice Vice former and President RiekMacharonAugust26,2015. leader rebel with agreement peace a signed Kiir Salva President (IGAD), Development on Authority Intergovernmental the by supported tiations nego of rounds several following and sanctions international of threat the Under The situationhasremainedhighlyunstableallthefollowingyears. region. the in security and peace international to threat a constitute to continued Sudan South by faced situation the that determined (UNSC) Council Security UN has been alleged that Government forces are actively recruiting child soldiers as as soldiers child recruiting actively are forces Government that It alleged known. been not has is force fighting effective the of size the SPLA the in split the since young as13-years-old. for the unrest. the for B. B. P

S. O’Grady,S. FormerRebelBlames VP LeaderSudan ‘South for Unrest’, AR Global Firepower, ‘South Sudan Military Strength’, last updated on 20 December 2016, http://www. AFP, ‘South Sudan Rebel Chief Issues War Call From Exile’, 25 September 2016, https://www.yahoo. BBC News, ‘South Sudan Country Profile’, 23 April 2014, www.bbc.com/news/world-africa-14069082. Human Rights Watch, ‘South Sudan: Governement Forces Recruiting Child Soldiers’, 16 February 16 Soldiers’, Child Recruiting Forces Governement Sudan: ‘South Watch, Rights Human N. Bariyo and M. Stevis, ‘South Sudan’s Former Vice President Flees Country’, Al Jazeera, ‘South Sudan President Signs Peace Deal With Rebels’, 27 August 2015, http://www. 2015, August 27 Rebels’, With Deal Peace Signs President Sudan ‘South Jazeera, Al J. Lynch, ‘South Sudan Takes Tentative Step Forward as Former Rebel Leader Becomes VP’, The Christian T IES T O 351 T HE CONFLI

On 26 September 2016, Macher called for renewed war against against war renewed for called Macher 2016, September 26 On 349

354 Soon after his return, violence broke out again between gov CT 347 In adopting Resolution 1996 on 8 July 2011, the the 2011, 8 on July 1996 Resolution adopting In 350

Taban blamed the former Vice President President Vice former the blamed Taban 348 348 ForeignPolicy The Wall Street Journal , 28 September28 , 353 though though

352 - - - - ,

South Sudan government rejected the deployment of the Regional Protection Protection Regional the of deployment Force. the rejected government Sudan South workers during the July attack in Juba by government soldiers. government by Juba in attack July the during workers aid and civilians protect to failed troops international that found investigation An attacks. inate indiscrim and looting, forces, government by rape and violence sexual widespread of reports violence, ethnic continuing included clashes The collapsed. agreement Following the outbreak of fierce fighting in Juba in July 2016, the August 2015 peace to amount may they SPLA, the around 10.000. to similar roughly was the defections if and of opposition, proportion the joined also have forces police of number unknown an Moreover, fighters. 35.000 around be to number the suggest estimates forces; nized orga other and SPLA the from defected have soldiers of number large A known. not is (SPLM/A-in-Opposition) forces armed Sudan South dissident the of size The Dissident SouthSudanArmedForces http://www.bbc.com/news/world-africa-37840961. 361 south-sudan-rebels-raped-aid-workers-report. https://www.theguardian.com/world/2016/oct/06/un-peacekeepers-refused-to-help- 2016, October 6 360 http://www.sudantribune.com/spip.php?article61351. 359 undocs.org/S/RES/2304%282016%29. 358 article/237fa4c447d74698804be210512c3ed1/rampaging-south-sudan-troops-raped-foreigners-killed-local 357 hrw.org/news/2016/08/15/south-sudan-killings-rapes-looting-juba. 356 SPLM-IO-May-2014.pdf. http://www.smallarmssurveysudan.org/fileadmin/docs/facts-figures/south-sudan/HSBA- 2014, April 1 355 essary means to implement its mandate of securing Juba. securing of mandate its implement to means essary nec all use to mandate robust a with Force Protection Regional the of ployment de the authorized (2016) 2304 Resolution Council Security 2016, August 12 On a four-hourfrenzythroughresidentialdistrictpopularwithforeigners. raped, beaten, and robbed after troops allegedly loyal to President Salva Kiir went on UN Secretary-General, Ban Ki-moon, removed from his post the Kenyan general Commander. general Peacekeeping Sudan South Kenyan the was the who post his from removed Ki-moon, Ban Secretary-General, UN T C. IONS IN R

AP, Rampaging SouthSudantroops raped foreigners, killed local, 15August 2016, http://bigstory.ap.org/ BBC News, ‘UN Sacks South Sudan Peacekeeping Chief Over Damning Report’, 1 November 2016, November 1 Report’, Damning Over Chief Peacekeeping Sudan South Sacks ‘UN News, BBC E Human Security Baseline Assessment (HSBA) for Sudan and South Sudan, ‘The SPLM- In-Opposition’, UN Security Council Resolution 2304 (2016), UN doc. S/RES/2304 (2016), 12 August 2016, http:// 2016, August 12 (2016), S/RES/2304 doc. UN (2016), 2304 ResolutionCouncil Security UN ua Tiue ‘ot Sdn ees eeto t Rgoa Poeto Fre, 1 aur 2017, January 11 Force’, Protection Regional to Rejection Renews Sudan ‘South Tribune, Sudan Human Rights Watch, ‘South Sudan: Killings, Rapes, Looting in Juba’, 15 August 2016, https://www. J. Burke, ‘UN Peacekeeper Refused to Help as Aid Workers Were Raped in South Sudan’, C 359 EN T T

HE D EVELOPMEN 356 S 355 UMMER OF 2016 OF UMMER In South Sudan’s capital of Juba, several foreign aid workers were workers aid foreign several Juba, of capital Sudan’s South In T S IN 2016: IN S M ASSIVE H UMAN R 361 I G Soon after this decision, decision, this after Soon H 358 T S AND S AND In January 2017, the the 2017, January In 360 As a result, the the result, a As IHL

357 V The Guardian IOLA

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PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 89 THE WAR REPORT : ARMED CONFLICTS IN 2016 90

lence, leading to warnings that the situation may escalate into genocide. into escalate may situation the that warnings to leading lence, Since the July 2016 clashes, there has been an increase in incitement to ethnic vio theless, theUNSCfailedtoadoptanarmsembargoon23December2016. country and the Kurdistan region of Iraq in 2016. the 2016. in Iraq of of region Kurdistan southeast the and the country in (PKK) Party Workers’ non-internation Kurdish a the with in conflict involved armed were al forces security and armed its and Turkey Classiﬁcation oftheconﬂict: TUR 8. weapons, andestablishaneffectivemechanismtomonitorcompliance. of flow the stopping of aim the with Sudan, South on embargo arms an impose need to urgent the of proof further were forces government by attacks these that ed civilians, killing deliberately raping women and girls, and looting property in July 2016 in Juba. The report add for responsible were forces government Sudanese South the that claimed International Amnesty 2016, October in issued report a In unless thesituationisreferredtoCourtbyUNSC. over territory its on or nationals state’s jurisdiction a by committed been have to exercise alleged crimes war not the may of ICC The Statute (ICC). Rome 1998 Court the Criminal to International signatory a nor party a neither is Sudan South Kenya announced withdrawal of its troops from the UN mission in South Sudan. 2016, http://www.bbc.com/news/world-europe-17988453. 366 24 October 2016, https://www.amnesty.org/en/documents/afr65/5028/2016/en/. 365 2016, http://www.reuters.com/article/us-southsudan-security-un-idUSKBN14C1KY. 364 November 2016, http://www.un.org/apps/news/story.asp?NewsID=55538#.WKdxchDJrXM. 363 www.aljazeera.com/news/2016/11/kenya-withdraws-troops-mission-south-sudan-161102165506898.html 362 Kurdish for war guerrilla a waged 1978, in formed (PKK), Party Workers’ Kurdish The majority. ethnic the are they where southeast, impoverished the in live half other the and country the of part western the in cities in lives population Kurdish its of half Around people. million 73 Turkey’s of 15% represents minority Kurdish The A D . WAR CRIMES CRIMES WAR . . H

Al Jazeera, ‘Kenya Withdraws Troops From UN Mission in South Sudan’, 3 November 2016, at http:// UN NewsUN Centre, of‘Risk “Outright War”Ethnic EnvoyUN Sudan, South in Genocide and Warns’, 11 Amnesty International, Amnesty IS Unless otherwise stated, this section is based on BBC News, ‘Turkey Country Profile’, 10 August 10 Profile’, Country ‘Turkey News, BBC on based is section this stated, otherwise Unless M. Nichols, ‘article Council Fails to Impose Arms Embargo on South Sudan’, Reuters, 23 December 23 Reuters, Sudan’, South on Embargo Arms Impose to Fails Council ‘article Nichols, M. T ORY OF K EY IN 2016: GRO 2016: IN EY T A HE CONFLI LLE G ‘We Did Not Believe we Would Survive’: Killings, Rape nd Lootings in Juba in Lootings nd Rape Killings, WouldSurvive’: we Believe Not ‘WeDid A T IONS, IONS, CT 366 I W NVES IN G T I

G I NS A T IONS, AND AND IONS, T A B ILI T Y IN Y IN P ROSE T C HE COUN U T IONS 365 T 363 364 RY None 362 - - - - ,

cemen. poli Turkish two killed and attacked PKK the attack, the for group State Islamic in both Turkey and northern Iraq, claiming to have killed 390 PKK militants by by militants PKK 390 mid-August. killed have to claiming Iraq, northern and Turkey both in in the Turkish-Syrian border town Suruç. town border Turkish-Syrian the in attack suicide a following forces security and out armed Turkish and broke PKK the between fighting renewed when 2015 July in down broke government Turkish the and PKK Party Worker’s Kurdistan the between agreement ceasefire 2013 The threatened. had it as October 15 after ceasefire its end not did PKK the although fragile, increasingly looking was process peace the early May. early in Turkey from withdraw to begin would fighters PKK, PKK that the said of Karayilan, leader Murat military the April, In May insurgency. the from ending country the effectively 2013, from withdraw and Turkey attacking stop to fighters his ern mountainous area along the border with Iraq. with border the along area mountainous ern north the in camps PKK on assaults ground and has strikes air Government periodic launched also Turkish the 1992 since but Turkey, south-eastern in place took mostly operations Military displaced. internally 500,000 least at created Turkey in villages pro-PKK depopulate to campaign Government A schools. in language their teach to right the including Turkey, in an people and Kurdish for autonomy rights of greater improvement seeking to state Kurdish independent shifted an PKK from the goal 1990s, its the In 1984. from Turkey south-eastern in independence com/news/world-europe-35829231. 373 www.aljazeera.com/news/2015/08/turkey-pkk-ceasefire-puts-hdp-tough-spot-150806110231827.html. 372 www.bbc.com/news/world-europe-33667427. 371 com/2015/07/20/turkey-death-toll-climbs-in-suruc-attack. 370 369 2013/03/2013320652845642.html. 368 September 2012, https://d2071andvip0wj.cloudfront.net/219-turkey-the-pkk-and-a-kurdish-settlement.pdf. 367 PKK —andkilledmorethan100people. the of offshoot an — Hawks) Freedom (Kurdistan TAK by claimed was It 2015. ber Octo in Ankara in rally peace a at occurred Turkey in attacks deadliest the of One In December 2012, the Turkish State declared its will to start closed negotiations with negotiations PKK’s leader closed Öcalan, initiating the start so-called ‘mrali to Process’, aiming, will its declared State Turkish the 2012, December In launching majorattacksinurbanareasaswellsettingupcheckpointsonroads. by level new a to campaign its taking southeast the in insurgency its diversified and at disarming rebels. disarming at

BBC News, ‘Turkey Car Bomb Kills Two Soldiers as PKK Truce Breaks Down’, 26 July 2015, http:// 2015, July 26 Down’, TruceBreaks PKK as Soldiers Two Kills Bomb ‘TurkeyCar News, BBC International Crisis Group, BBC News, ‘Ankara Blast: Kurdish Group TAK Claims Bombing’, 17 March 2016, http://www.bbc. 2016, March 17 Bombing’, Claims TAK Group Kurdish Blast: ‘Ankara News, BBC L. Kafanov, ‘End of Turkey–PKK Ceasefire Puts HDP in Tough Spot’, Al Jazeera, 10 August 2015, http:// uoes ‘uky Dah ol lms n uu Atc’ 2 Jl 21, http://www.euronews. 2015, July 20 Attack’, Suruc in Climbs Toll Death ‘Turkey: Euronews, BBC News, ‘Turkey Profile: Timeline’, 25 April 2013, www.bbc.co.uk/news/world-europe-17994865. Al Jazeera, ‘Timeline: PKK Conflict with Turkey’, 21 March 2013, www.aljazeera.com/news/europe/2013, Turkey’,March with 21 Conflict PKK ‘Timeline:Jazeera, Al

371 As a response, the government launched air strikes against PKK targets targets PKK against strikes air launched government the response, a As 369

372 Occasional ceasefire violations occurred subsequently. In October, October, In subsequently. occurred violations ceasefire Occasional 368 After months of talks, in March Abdullah Öcalan ordered ordered Öcalan Abdullah March in talks, of months After Turkey, the PKK and the Kurdish Settlement, Europe Report No. 219 No. Report Europe Settlement, Kurdish the and PKK Turkey,the 373 370 While the government blamed the the blamed government the While 367 In 2012, the PKK stepped up stepped PKK the 2012, In inter alia , 11 , - - - ,

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 91 THE WAR REPORT : ARMED CONFLICTS IN 2016 92 2. TheKurdistan Workers’ Party (PKK) of Turkey, and hundreds of thousands of Kurds fled to cities in other parts of the the of parts country. other in cities to fled east Kurds of and thousands of south-east hundreds and Kurdish Turkey, of largely the in destroyed were villages of mid-1990s, the in thousands peak a reached which conflict, the During Europe. in offices ic diplomat Turkish on kid attacks and bombings, including suicide tourists, foreign of warfare, nappings guerrilla on relied has group The 1984. in Government Turkish the against struggle armed an launched PKK the Turkey, within state ish Abdullah by 1978 in Kurd independent formed an creating of aim the With co-conspirators. few a was and Öcalan roots, Marxist-Leninist has which group, The ists. The Turkish armed forces have been estimated to be 410,500 strong, with 185,630 reserv 1. Turkish ArmedForces The partiestotheNIACin2016areTurkeyanditsarmedforcesagainstPKK. killed. were civilians five rebels, and PKK soldiers 102 two fighting, of days five After Silopi. and Cizre of towns the around concentrated offensive major a launched army Turkish the 2015, December 15 On 381 www.cfr.org/turkey/inside-kurdistan-workers-party-pkk/p14576. 380 http://www.bbc.com/news/world-europe-20971100. 379 english.pravda.ru/world/asia/31-01-2012/120376-turkey_defense_power-0/. 378 377 blog.crisisgroup.org/europe-central-asia/2016/07/20/turkey-s-pkk-conflict-the-rising-toll/. 376 11 February 2016, http://www.romandie.com/news/675622.rom. 375 pkk-kurdistan-diyarbakir-erdogan. 20 December 2015, http://www.france24.com/fr/20151220-turquie-militants-kurdes-tues-operation-anti- 374 Kurds. the for autonomy independent more an for instead for calling demands state, its Kurdish on down backed organisation the 1990s, the In the armed group remains highly organized and well-financed entity, with several several with entity, well-financed and organized highly remains group armed the 2016 aftertheTurkishauthoritiestookcontrolofCizre. spike fromAugust2015onwards. notable a with 2015, July 20 since clashes in killed been have people 2,481 least at Violence continued throughout 2016. According to the International Crisis Group, B. B. P

377 P. O’Toole, ‘Profile: The PKK’, BBC News, http://news.bbc.co.uk/1/hi/world/europe/7044760.stm. Global Firepower, ‘Turkey Military Strength’, last updated on17February 2017. Romandie, ‘Turquie: Fin des Opérations Militaires Contre le PKK Dans le Bastion Kurde de Cizre’, de Kurde Bastion le Dans PKK le Contre Militaires Opérations des Fin ‘Turquie: Romandie, AR France 24, ‘Turquie —UneCentaine deMilitants Kurdes Tués Lors UneOpération Anti-PKK’, Y. Mavashev, ‘Turkey’s Defense Power Grows at Pace to be Envied’, be to Pace at Grows Power Defense ‘Turkey’sMavashev,Y. B. Mandiraci, ‘Turkey’s PKK Conflict: The Death Toll’, International Crisis Group, 20 July 2016, http:// See also BBC News, ‘Who are the Kurdistan Workers’ Party (PKK) Rebels ?’, 4 November 2016, November 4 ?’, Rebels (PKK) Party Workers’ Kurdistan the are ‘Who News, BBC also See G. Bruno, TheTurkisharmyissaidtobethelargestinsizeafterU.S.withinNATO. T IES 380 T Inside the Kurdistan Workers Party (PKK) O T HE C ONFLI CT 376

379 374 , Council on Foreign Relations, 19 October 2007, The operations ceased in February February in ceased operations The 375

Pravda.Ru 381 , 31 January 2012, January 31 , Nonetheless, Nonetheless, 378

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tion ofpeacetalkswiththeTurkishgovernmentinSeptember2016. resump the for called Ocalan, Abdullah leader, jailed PKK’s the 2015, April since and is reportedly targeting the Kurdish minority. Kurdish the targeting reportedly is and the city of Manbij. of city the in locations Forces) Protection (People’s YPG Kurdish the against including Syria, Turkey is not party to the 1998 Rome Statute of the International Criminal Court. Court. Criminal International the of Statute Rome 1998 the to party not is Turkey president. lar in unease growing reflect to unpopu an of rule the by disenchanted military, the particularly and country, the appeared coup military attempted an 2016, July In U.S. the and EU the Turkey, including governments, numerous by organization terrorist a as listed is PKK The port networksinEurope. in sympathizers Turkey. The PKK Kurdish established bases in of Iran, Iraq, and Syria, millions and has deep-rooted and sup arms under women and men thousand statement-almost-two-years-496070383. http://www.middleeasteye.net/news/jailed-pkk-leader-calls-negotiation-first-2016, September 12 Eye, 389 government-crackdown-widens/2016/10/09/6be368f8-8a82-11e6-8cdc-4fbb1973b506_story.html. Post 388 com/a/turkey-attempted-coup-crowds-cheer-erdogan/3420312.html 387 com/news/2016/08/turkish-military-strikes-ypg-isil-targets-syria-160822174350790.html. 386 www.theguardian.com/world/2016/jul/16/how-recep-tayyip-erdogan-inflamed-tensions-in-turkey. 385 384 383 382 down on suspected coup conspirators and arrested an estimated 32,000 people 32,000 estimated an arrested and conspirators coup suspected on down and jailedfortreason. arrested was Öcalan, Abdullah leader, its when 1999 in blow major a suffered PKK The accusations. the denies party the but PKK, the supporting of military Turkish C. KEY KEY C. D . WAR CRIMES CRIMES WAR .

1 Otbr 06 https://www.washingtonpost.com/world/turkeys-kurds-are-in-the-crosshairs-as- 2016, October 10 , E. Cunningham, ‘Turkey’s Kurds are in the Crosshairs as Government Crackdown Widens’ Widens’ Crackdown Government as Crosshairs the in are Kurds ‘Turkey’s Cunningham, E. VOA, ‘6,000 Detained in Turkey After Failed Coup Attempt’, 17 July 2016, http://www.voanews. 2016, July 17 Attempt’, Coup Failed After Turkey in Detained ‘6,000 VOA, G.Bruno, I. Black, ‘AttemptedBlack, I. GrowingTensionReflects Coup Turkey’, in International CrisisGroup, . aDnl, PK edr al fr ec Tls n is Saeet o To er’ Mdl East Middle Years’, Two for Statement First in Talks Peace for Calls Leader ‘PKK MacDonald, A. http://www.aljazeera.2016, August 23 Syria’, Northern in ISIL Strikes Military ‘TurkishJazeera, Al O’Toole, ‘Profile: The PKK’. D EVELOPMEN InsidetheKurdistan Workers Party (PKK) 385 On 22 August, Turkey launched artillery attacks against targets in in targets against attacks artillery launched Turkey August, 22 On A LLE 386 Following the July coup attempt, President Erdogan cracked cracked Erdogan President attempt, coup July the Following T G 384 S IN 2016: GRO 2016: IN S A T IONS, IONS, 382 Turkey, thePKKandKurdish Settlement 383 I The Iraqi Kurdish party has been accused by the the by accused been has party Kurdish Iraqi The NVES W T I G IN A G T IONS, AND AND IONS,

I NS . T A B 388 ILI In his first public statement statement public first his In T The GuardianThe P Y IN Y IN ROSE T , p7. HE COUN C U T , 16 July 2016, https:// 2016, July 16 , IONS 389 The Washington T RY 387 - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 93 THE WAR REPORT : ARMED CONFLICTS IN 2016 94 exercised by Russia on the armed groups were also raised. also were groups armed the on Russia by exercised alized. case-law conditions ICTY the meet to sufficient control of level a attest to information enough have it a position to verify the veracity of these allegations and facts on the ground, nor does contribution to thisprofile. 390 conflict withRussia(seebelow). That being said, well as their participation in combat operations. as Ukraine, in groups armed Russian of presence the of allegations been have There conflict The country. the of east meets thethresholdforapplicabilityof1977AdditionalProtocolII. the in Republic’, People’s ‘Luhansk the and lic’ Repub People’s Donetsk ‘the themselves proclaimed which groups, armed aratist armed forces of the Government of Ukraine were fighting against pro-Russian the sep which in 2016 in conflict armed non-international a in involved was Ukraine Classiﬁcation oftheconﬂict: 9. 395 Ukraine’, 28August http://ilg2.org/2014/08/28/trying-to-classify-the-conflict-in-eastern-ukraine/. 2014, 394 Tadić, para 137. ICTY,acts’, those of controllingeach commissionthe Stateconcerningof bythe instruction specific any of regardlessorgans State facto de of acts as regarded be may thereof members or group the group.performedby Actsthat toproviding support operationalor equipping and training financing, has arole inorganising, coordinating orplanningthemilitary actionsof themilitary group, inadditionto law may be deemed to exist when a State (or, in the context of an armed conflict, the Party to the conflict) provision of financial assistance or military equipment or training). … The control required mereby the international than more comprise must (and characteroverall an of be may units paramilitary or militias or 393 conflict.html. Times York New The 392 accident/articleshow/40912541.cms. indiatimes.com/World/Europe/Russian-military-sources-say-soldiers-crossed-Ukraine-border-by- Military Sources Say Soldiers Crossed Ukraine Border “by Accident”, 26 August 2014, http://timesofindia. of-russian-troop-deployments-follow-capture-of-soldiers-in-donetsk-30945; https://theconversation.com/further-claims- 2014, August 27 Conversation, The Donetsk’, in Soldiers of Capture Follow Deployments Troop Russian of Claims ‘Further Swain, A. novoazovsk-crimea.html?_r=2; Times York 391 tionhas exercisedoverallcontroloverarmedgroupsineasternUkraine.’ Federa Russian the that allegations examining also is Office the character, in tional interna actually be could conflict armed non-international otherwise the whether WI

T See A.E. Kramer and M.R. Gordon, ‘Ukraine Reports Russian Invasion on a New Front’, New a on Invasion Russian Reports ‘Ukraine Gordon, M.R. and Kramer A.E. See The ICTY Appeals Judgment in Judgment Appeals ICTY The OTP, ‘Report onPreliminary ExaminationActivities 2016’, para 170. See also the discussion by N. Quenivet on the blog IntLawGrrls, ‘Trying to Classify the Conflict in Eastern See N. MacFarquhar and M.R. Gordon, ‘Ukraine Leader Says “Huge Loads of Arms” Pour in From Russia’, We thank Ms Kvitoslava Krotiuk (LLM candidate, Geneva Academy 2016-2017) for her insightful her for 2016-2017) Academy Geneva candidate, (LLM Krotiuk Kvitoslava Ms thank We H 394 RAINE: RAINE: R In its November report, the OPT stated that ‘for the purpose of determining USSIA? 2 Ags 21, http://www.nytimes.com/2014/08/28/world/europe/ukraine-russia- 2014, August 27 , the War Report A 2 Ags 21, http://www.nytimes.com/2014/08/29/world/europe/ukraine- 2014, August 27 ,

390 P 393 ARALLEL to conclude that the conflict in Ukraine has been internation Tadić argues there might be a parallel international armed armed be international might a there argues parallel I N stated: ‘[C]ontrol by a State over subordinate armed forces armed subordinate over State a by ‘[C]ontrol stated: T ERNA T IONAL 391 Questions on the level of control A RMED CONFLI 392

The WarThe Report The Times of India 395 Prosecutorv CT is not in not is , ‘Russian The New The

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government on 16 January 2015, which also amended the Criminal Code so as to speech, to of freedom restrict as so Code Criminal the amended also which 2015, January 16 on government to protest against such decision, accusing the government of bowing to Russian Russian to bowing pressure, aswellofbeingcorruptandunaccountable. of government the accusing decision, such against protest to cities other and Kiev central of streets the to took people of the thousands of with tens EU, agreement association an sign to plans the abandon to decision sudden 396 dent andissuedanarrestwarrantforYanukovych. presi interim as Turchynov Olexander leader opposition the the elected day parliament next the result, a As Russia. to capital the fled Yanukovych President ary, Febru 22 on However, deal. EU-mediated a under election new hold and ernment February gov 21 new a form to the agreed group opposition the on and Yanukovych President 2014, protesters, anti-government with clashes further Following the included which economy, price. gas Russian Ukraine’s of lowering faltering help to of package aid implementation $15mn the a announced Russia 2013, December 18 on Consequently, efforts Ukraine’s EU. the with further for integrate to retaliation of act an as seen was however, of which, one standards, from safety imports below fell products halted its that claiming Russia makers, confectionary after main Ukraine’s 2013, in began Ukraine in Tensions bbc.com/news/world-europe-26320004. 403 http://www.bbc.com/news/world-europe-25923199.January 2014, 28 Anti-ProtestLaw’, Abolishes Parliament Crisis: ‘Ukraine News, BBC scraps-anti-protest-laws.also See Guardian The 402 http://www.theguardian.com/world/2014/feb/21/ukraine-crisis-president-claims- deal-with-opposition-after-77-killed-in-kiev. 2014, February 21 401 com/news/world-europe-25771595. 400 bbc.com/news/world-europe-25923199. 399 12 August 2016, http://www.bbc.com/news/world-europe-25182823. bbc.com/news/world-europe-25162563. See also BBC News, ‘Ukraine Crisis: What’s Going on in Crimea?’, 398 b0d0-00144feab7de.html#axzz3ZkT4mdnD. http://www.ft.com/intl/cms/s/0/7ecbb1c4-b027-11e3- 2014, March 20 Ukraine’, on Squeeze Economic europes-east/russia-hits-ukraine-chocolate-wa-news-529804.also See 397 http://www.bbc.com/news/world-europe-18018002. security forces killed at least 77 protesters in Kiev. law fortheprotesters. amnesty an passed then, and, law anti-protest January 16 the overturned first ment parlia the while crisis the resolve to attempt an in resigned government the 2014 A . H

Euractiv, ‘Russia Hits at Ukraine With Chocolate War’, 14 August 2013, http://www.euractiv.com/2013, August 14 War’, Chocolate With Ukraine at Hits ‘Russia Euractiv, S. Malik, A. Gani and T. MacCarthy, ‘Ukraine Crisis: Deal Signed in Effort To End Kiev Standoff’, IS BBC News, ‘Ukraine Protests After Yanukovych EU Deal Rejection’, 30 November 2013, http://www. Unless otherwise stated, this section is based BBC News, ‘Ukraine Country Profile’, 3 February 2017, BBC News, ‘Ukraine Crisis: Parliament Abolishes Anti-Protest Law’, 28 January 2014, http://www. 2014, January 28 Law’, Anti-Protest Abolishes Parliament Crisis: ‘Ukraine News, BBC BBC News, ‘Ukraine Arrest Warrant for Fugitive Viktor Yanukovych’, 24 February 2014, http://www. O. Grytsenko, ‘Ukraine President Makes Concession to Protesters by Scrapping Anti-Protest Law’, Anti-Protest Scrapping by Protesters to Concession Makes President ‘Ukraine Grytsenko, O. BBC News, ‘Ukraine’s President Signs Anti-Protest Bill Into Law’, 17 January 2014, http://www.bbc. T ORY OF 2 Jnay 04 http://www.theguardian.com/world/2014/jan/27/ukraine-president- 2014, January 27 , T HE CONFLI 402 400 CT violence escalated and in February 2014 members of of members 2014 February in and escalated violence 396 399 397 Despite the new anti-protest laws passed by the the by passed laws anti-protest new the Despite On 21 November 2013, after the government’s government’s the after 2013, November 21 On 401 403 Few days later, on 28 January January 28 on later, days Few 398 The Financial TimesFinancial The The Guardian , ‘RussiaPuts , - - - - ,

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 95 THE WAR REPORT : ARMED CONFLICTS IN 2016 96 election of the pro-western Petro Poroshenko as the president, who got more than than more got who president, the as Poroshenko Petro pro-western the of election the in resulted which 2014, May 25 on Ukraine in held were elections Presidential countries. West the or Kiev by recognized not were those Republics’, ple’s ‘Peo the of favour in voted had people the of 90% that announced separatists the open intheDonetskandLuhanskregions. to be stations polling prevented separatists pro-Russian although votes, of the 55% dependence as “People’s Republics” after the referendums were held. were referendums the after Republics” “People’s as dependence On 11 May 2014, pro-Russian separatists in Donetsk and Luhansk declared their in ern Ukraine. Minister Shoigu said Russia had no plans to invade Ukraine Defence or to intervene in Russian East the place, take could annexation another that concerns national Although a build-up of Russian troops on the shared border in April sparked inter government wasnolongerincontrolofDonetskandLuhansk. the that announced Turchynov President acting the day, next the and April, 29 On Luhansk in headquarters government regional the seized separatists Pro-Russian powers totheeasternregions. more devolve to offered Yatsenyuk Minister Prime interim the response, In Russia. join to right the and Luhansk autonomy greater for Donetsk, referendum a in demanding Kharkiv, and buildings governmental April, of occupied month the separatists During pro-Russian forces. armed Ukrainian with clashes deadly to ing lead Ukraine Eastern in cities and sep towns dozen pro-Russian a over 2014, of March control seized 21 aratists on Russia by Crimea of annexation the After York Times, 25 May 2014, http://www.nytimes.com/2014/05/26/world/europe/ukraine-elections.html?_r=0.409 2014/05/12/135ceba9-824c-486d-98e1-e1aa49627fa3_story.html. europe/separatists-claim-victory-in-eastern-ukraine-kremlin-calls-for-talks-with-kiev-government/ of All-Out Civil War Mount’, 408 en/world/729883. 407 acting-president. http://www.theguardian.com/world/2014/apr/30/ukraine-government-lost-control-east- 2014, April 30 406 17 April 2014, http://www.theguardian.com/world/2014/apr/17/ukraine-crisis-agreement-us-russia-eu.405 bbc.com/news/world-europe-26984799. 404 mental buildingsrefusedtoleave. crisis, which, however, quickly broke down after the separatists occupying govern ongoing the to de-escalate to be taken steps on necessary the an agreement to reach order in Geneva in gathered Ukraine and EU the Russia, U.S., the 2014, April 17 On

J. and Luhn, Crisis: T Produce on Conflict’, , ’ t c i l f n o C g n i s u f e D n o t n e m e e r g A e c u d o r P s k l Ta a v e n e G : s i s i r C e n i a r k U ‘ , n h u L . A d n a r e g r o B . J ‘Russian Defense Minister Reassures US Colleague on Ukraine’, TASS, 29 April 2014, http://tass.ru/ 2014, TASS,April Ukraine’, 29 on Colleague ReassuresUS Minister Defense ‘Russian D.M.Herszenhorn, ‘Pro-European Businessman ClaimsVictoryUkrainePresidentialin Vote’,NewThe S. Denyer, M. Birbaum and F. Kunkle, ‘As Ukrainian Separatists Claim Victory in Self-Rule Vote, Fears L. Harding, ‘Ukraine’s Government Has Lost Control of East, Says Acting President’, Acting Says East, of Control Lost Has Government ‘Ukraine’s Harding, L. BBC News, ‘Ukraine Leader YatsenyukLeader‘Ukraine TroubledNews, tohttp://www.PowersBBC Offers 2014, 11April East’, 407 The Washington Post 404

405 , 12 May 2014, http://www.washingtonpost.com/world/ 409

406 408 The Guardian The The Guardian Although Although ------, ,

EU andU.S.announcedfurthersanctions,includingeconomiconesinlateJuly. the as Russia on increased pressure accident, the in involvement any denied rebels tion ofindependence. recogni facto de a to amount could it that concern the raised which regions, away parliament passed a law allowing a certain degree of self-government to the break a agreed After with having the on ceasefire rebels, 2014 16 the September Ukrainian the border. near 20,000 and Ukraine in troops Russian 1,000 over were there NATO, to cording Ac Ukraine. inside troops the Russian deploying by rebels Russia the support to as up stepped Reportedly, Luhansk. rebels and Donetsk pro-Russian encircle to and attempted army forces Ukrainian government between escalated Violence language Russian rights. full and decentralisation elections, early held to proposed der, bor the along zone buffer a for called he rebels; disarmed absence for in crimes’ ‘serious prosecution of from freedom and disarmament Russia to rebel’s corridor the safety a demanded offered and President The ceasefire. week-long a clared de and plan peace 15-point a announced Poroshenko President 2014, June 20 On 15 September http://www.nytimes.com/2014/09/16/world/europe/ukraine-conflict.html. 2014, 414 www.reuters.com/article/2014/08/28/us-ukraine-crisis-nato-idUSKBN0GS1D220140828. http:// 2014, August 28 Reuters,NATO’, Ukraine: in Operating Troops A. Russian 1,000 Than ‘More Croft, also See http://www.ft.com/intl/cms/s/0/8275bec4-2ea2-11e4-afe4-00144feabdc0.html#slide0. 413 http://www.reuters.com/article/2014/07/29/us-ukraine-crisis-east-idUSKBN0FY0OX20140729.2014, 412 Gibney, ‘The Downing of MH17: Russian Responsibility’, 15 Human Rights Law Review (2015), pp 169-178. M. see attack, the of aspects legal the of http://www.bbc.com/news/world-europe-28520813;some on ukraine-live. See also BBC News, ‘Downing of MH17 jet in Ukraine “may be war crime” – UN’, 28 July 2014, Guardian, 17 July 2014, http://www.theguardian.com/world/2014/jul/17/malaysia-airlines-plane-crashes- 411 bbc.com/news/world-europe-27937596. 410 11 surface-to-air missile, killing all 298 passengers on board. on passengers 298 all killing missile, surface-to-air 11 SA- Russian-made by reportedly region, Donetsk the over Grabove, of village the near is down shot Amsterdam from MH17 flight Airlines On Malaysia 17 2014, July was laterratifiedon16September2014. which EU, the with Agreement Association the signed government the On 27 June, month. the in later Ukraine ern

H. Davidson and A. Yuhas, ‘Malaysia Airlines Plane MH17 “Shot down” in Ukraine — as it Happened’, The

J. Pawlak and E. Beech, ‘EU and U.S. Announce New Sanctions on Russia Over Ukraine’, Reuters, 29 July N. MacFarquhar and C. Gall, ‘Kiev Offers “Special Status” for Breakaway Regions’, BBC News, ‘Ukraine DetailsCrisis: of Poroshenko’s Peace Emerge’,Plan http://www. 20 2014, June Financial Times Financial 410 The ceasefire broke when a military helicopter was shot down over East 413 , ‘Russia Has “Well Over 1,000 Troops” in Ukraine, Nato Warns’, 29 August 2014, 2014, August 29 Warns’, Nato Ukraine, in Troops” 1,000 Over “Well Has ‘Russia , 414 411 While pro-Russian pro-Russian While The New York Times 412 ------,

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 97 THE WAR REPORT : ARMED CONFLICTS IN 2016 98 Russia topullbackitsforces. urged Stoltenberg Chief NATO and November early in territory Ukrainian tering en seen been had equipment military Russian that declared Commander NATO netsk province. netsk Do entire the of control take to plan a announced Zakharchenko Alexander leader as wellofprovidingweaponsandmilitarytrainingforseparatistsinRussia. withdrawals and prisoner exchanges. weapons included also deal The February. 15 on begin would ceasefire a that and fighting the end to reached been had agreement an that announce France and ny On 12 February 2015 after peace talks took place in Minsk, Russia, Ukraine, Germa tary casualties and further undermining the peace talks. and mili and civilian in heavy in resulting intensified region Luhansk in rebels as well as the Donetsk, around and army the between fighting 2015, of Beginning hostile governmentsinneighbouringcountries. installing nations foreign from threats faced country the that stating doctrine tary mili Russian new a implemented Putin President Russian 2014, December 26 On election’s outcome. the respected it declared Russia illegitimate, were polls the said states Western and Kiev While leaders. pro-Russian two of victory the in resulted which Luhansk, and own their held Ukraine elections for the head of state of the Eastern self-proclaimed People’s Republics in Donetsk in separatists 2014 November 2 on Meanwhile, was elected, although the polls were once more boycotted by the rebels in the East. On 26 October 2014 Parliamentary elections were held and a new pro-EU parliament 421 plan-to-take-over-all-donetsk-region.html. January 2015, http://www.unian.info/war/1035430-zaharchenko-threatens-full-scale-war-says-militants- 420 bbc.com/news/world-europe-30878406. 419 html#ixzz3ZqfN7FkX. http://www.dailymail.co.uk/wires/ap/article-2887762/New-Russian-military-doctrine-says-NATO-threat. 418 2014, http://www.theguardian.com/world/2014/nov/02/russia-elections-ukraine-donetsk-lugansk. 417 com/news/europe/2014/11/nato-russian-troops-ukraine-now-2014111214105962679.html. 416 827b-2d813561bdfd_story.html. ukraines-parliamentary-elections-show-win-for-pro-western-blocs/2014/10/26/e5ac0484-5d1a-11e4- http://www.washingtonpost.com/world/europe/exit-polls-in- 2014, October 26 Post, Washington The 415 www.theguardian.com/world/2015/feb/12/ukraine-crisis-reports-emerge-of-agreement-in-minsk-talks. 422 2015, http://www.reuters.com/article/2015/02/20/us-ukraine-crisis-idUSKBN0LO13420150220.

AFP ‘Pro-Russia Hold Elections T Ukraine , ’ s e v a l c n E e n i a r k U o Tw n I s n o i t c e l E p i h s r e d a e L d l o H s t s i t a r a p e S a i s s u R - o r P ‘ P, F A . inam ‘xt ol i Uries alaetr Eetos hw i fr r-etr Blocs’, Pro-Western for Win Show Elections Parliamentary Ukraine’s in Polls ‘Exit Birnbaum, M. A. Zverev and A. Prentice, ‘Kiev Accuses Russia of Sending More Tanks to East Ukraine’, Reuters, 20 February P ‘e Rsin iiay otie as AO o Threat’, Top NATO Says Doctrine Military Russian ‘New AP, Al Jazeera, ‘NATO: Russia Sending Forces Into Ukraine’, 12 November 2014, http://www.aljazeera. 2014, November 12 Ukraine’,‘NATO: ForcesInto Jazeera,Sending Russia Al BBC News, ‘Ukraine Conflict: Battles Rage in Donetsk and Luhansk’, 19 January 2015, http://www.2015, January 19 Luhansk’, and Donetsk in Rage Battles Conflict: ‘Ukraine News, BBC M. and Luhn, Ceasefire at Talks’, ’ s k l a T s u r a l e B t a d e e r g A e r i f e s a e C e n i a r k U ‘ , n h u L . A d n a r e v a e W . M UNIAN, ‘Zakharchenko Threatens Full-Scale War, Says Militants Plan to Take Over All Donetsk Region’, 23 420 Accordingly, Kiev accused Russia of sending troops into Ukraine into troops sending of Russia accused Kiev Accordingly, 417 416 422 The pro-Russian rebels in eastern Ukraine Ukraine eastern in rebels pro-Russian The 418 The n a i d r a u G e h T h Diy Mail Daily The 419 On January, the separatist The Guardian , 12 February 2015, http:// , 26 December 2014, 2014, December 26 , , 2 November 421 415 - - - - -

reassurance forceinRomania. similar a up set to plans announced has NATO south, the In move. to ready troops 5,000 about numbers which — Force’ Task Joint Readiness High ‘Very the ficially tripwire a as to deter any Russian acting adventurism. They are backed up by a ‘Spearhead Force’ Lithuania, — of and Latvia Estonia, of states Baltic small three the as well as Poland through rotate will troops The up. stand to agreed also have ada Can and Germany allies NATO fellow and battalion, separate a to troops 650 mit member eastern com to agreed had Britain before, week A Russia. assertive Communist more a of fearful states former reassure to efforts NATO broader of part as Poland to troops 1,000 deploy would it that announced U.S. the 2016, July early In in spike a casualties. civilian saw and violence 2016 of summer the and Ukraine eastern the in ceasefire of lation vio continuous a been has There regularly. occur skirmishes and shelling 2014, early in erupted first it after stalemate a to transitioned has conflict the Although elsewhere includingtheissuesofterrorism,armscontrolandsolution forSyria. tion between the U.S. and Russia but has also hampered the prospects of cooperation its intentions elsewhere in Eastern Europe. The conflict has not only tensed the rela Russia’s actions of incursion into a NATO country have raised serious concern about However, despitetheceasefire,heavyfightingcontinuedaroundDebaltseve. minimum of50kmbetweenrivalforces’artillery(140kmforrockets). a with weapons, heavy for zone a buffer included which agreement, the signed also and hardware, September 21 2016’ (available inRussian) at:http://www.osce.org/cio/266266 428 http://www.military.com/daily-news/2016/07/08/four-nato-battalions-go-eastern-europe-deter-russia.html 427 http://www.reuters.com/article/us-ukraine-crisis-casualties-idUSKCN0ZZ1DU. 426 http://www.dw.com/en/with-fresh-violence-in-ukraine-is-there-hope-for-a-solution/a-19451997. 425 global-conflict-tracker/p32137#!/conflict/conflict-in-ukraine. 424 www.bbc.com/news/world-europe-31495099. 423 hardware’ and forces of disengagement to relating Group Contact Trilateral the of Decision work Frame ‘The named agreement, The miles). square (1.5 4km2 comprises which of truce. each regions, fragile three the entering from sides a both from troops military to bans deal The agreeing after areas, frontline several from troops disengage to agreed separatists Russian-backed and military Ukrainian the 2016, September In of easternUkraine. region Donbass the in separatists pro-Russian and forces government between es seven Ukrainiansoldierswerekilledandanotherfourteenwoundedamidstclash

T.Watkins, ‘FourNATOEasternBattalionstoDeterEurope Russia’, toGoMilitary.com, to 2016,July 8 BBC News, ‘Ukraine Crisis: Battle Rages for Debaltseve Despite Truce’, 17 February 2015, http:// 2015, February 17 Truce’, Despite Debaltseve for Rages Battle Crisis: ‘Ukraine News, BBC Deutsche Welle, ‘With Fresh Violence in Ukraine, is There Hope for a Solution?’, 5 August 2016, August 5 Solution?’, a for Hope There is Ukraine, in Violence Fresh ‘With Welle, Deutsche OSCE, ‘TheFrameworkOSCE, Trilateralthe ofDecision Contact Group relating toforcesofdisengagement Reuters, ‘Seven Ukrainian Soldiers Killed in Eastern Regions Amid Surge in Violence, 19 July 2016, July 19 Violence, in Surge Amid Regions Eastern in Killed Soldiers Ukrainian ‘Seven Reuters, lbl ofit rce, Cnlc i Urie, 1 coe 21, http://www.cfr.org/global/ 2016, October 21 Ukraine’, in ‘Conflict Tracker, Conflict Global 428 , included arrangements on disengaging the troops of parties and parties of troops the disengaging on arrangements included , 426 427 425 In such an incident in the month of July 2016, 2016, July of month the in incident an such In 423 424 ------

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 99 THE WAR REPORT : ARMED CONFLICTS IN 2016 100 Russian-backed separatists, the by denied was areas certain to access its that reported mission SMM OSCE the a result, Avdiivka and surrounding areas were left on the brink of humanitarian humanitarian of crisis, withnotowaterorelectricity. brink the on left were areas surrounding and Avdiivka result, a agreement, the of conclusion the after shortly violated been has ceasefire tored by the Organization for Security and Co-operation in Europe (OSCE). Europe in Co-operation and Security for Organization the by tored moni is truce The 2014. April in began which fighting, the end to failed has but region the in violence the reduced has which September, 15 on agreement truce 431 http://www.dw.com/en/ukraåine-and-russian-backed-rebels-agree-to-pullback-of-troops/a-19567017. 430 cio/266271?download=true http://www.osce.org/ru/ at: Russian) in (available text full 2016, September 21 hardware, and forces 429 kalov whowasamongthedozensofseniorofficialskilledinpurge. People’s (Luhansk Republic) continues, as does the killing of officials. rebels One example is Gennady Tsyp the amongst purge leadership internal the Meanwhile, of theconflictamountedto9,800people. beginning the since toll death total the 2017, 3, February by UN, the to According the for SMM OSCE the to monitoring. of report purposes access to guarantee conflict and the SMM OSCE to the parties to the actions by their undertaking an positions as the well between as length km relocation, 2 of and width km 2 of zone ceasefire a creating 2e0076ac-8429-11e6-b57d-dd49277af02f_story.html www.washingtonpost.com/world/europe/ukrainian-rebel-leaders-divided-by-bitter-purge/2016/10/03/ 438 3 February 2017, available at: 437 436 several-dead-and-test-trumps-russia-stance February,https://www.theguardian.com/world/2017/feb/01/ukraine-clashes-leave-2017,1 at: available 435 photo/1?ref_src=twsrc%5Etfw 2017,February2016’, https://twitter.com/OSCE_SMM/status/829980631497113604/10of availableat: 434 a to access SMM heavy the weapons holding denied area”, again October 26, personnel 2016, Forcesavailable at: Armed http://www.osce.org/ukraine-smm/277306“Ukrainian 2016’: October 25 19:30, of as 433 into thevillage’,29October, 2016, available at:http://www.osce.org/ukraine-smm/278046 proceedingpreventedfrom and Donetsk) of south (50km Novolaspa of edge eastern the on checkpoint two “DPR” heavy weapons holding areas.… The SMM was stopped by an armed man at a “DPR”-controlled as of 19:30, 28 October 2016’: ‘The SMM was not allowed to approach weapons to verify serial numbers at 432 kyivpost.com/article/content/ukraine-politics/kyiv-records-five-ceasefire-breaches-in-donbas-423338.html amount of ceasefire violations since the beginning of 2016 reached their peak in in peak 2017, January their reached 2016 of beginning the since violations ceasefire of amount

Kyivpost, ‘Kyiv records five ceasefire breaches in Donbas’, September 20, 2016, available at: https://www. at: available 2016, 20, September Donbas’, in breaches ceasefire five records ‘Kyiv Kyivpost,

OSCE, ‘Latest from OSCE Special Monitoring Mission (SMM) to Ukraine, based on information received Shaun Walker, ‘Ukraine clashes leave several dead and test Trump’s Russia stance’, Trump’sRussia test and dead several leave clashes Walker,‘Ukraine Shaun OSCE, ‘Latest from OSCE Special Monitoring Mission (SMM) to Ukraine, based on information received J. Losh ‘Ukrainian Rebel Leaders Divided by Bitter Purge’, Ibid. Twitter, ‘Number of ceasefire violations recorded by the OSCE SMM per week since the beginning the since week per SMM OSCE the recordedby violations ceasefire of Twitter,‘Number Deutsche Welle, ‘Ukraine and Russian-Backed Rebels Agree to Pullback of Troops’, 21 September 2016, SE ‘h Faeok eiin f h Tiaea Cnat ru rltn t dsnaeet of disengagement to relating Group Contact Trilateral the of Decision Framework ‘The OSCE, UN News Centre, ‘Civilians face ‘dire’ situation amid ongoing hostilities in eastern Ukraine, UN warns’, 434 during the fight in the city of Avdiivka in Donetsk region. http://www.un.org/apps/news/story.asp?NewsID=56110#.WK9U3W-LTIU 429 The latest peace prospects come in response to a new new a to response in come prospects peace latest The 432 as well as by Ukrainian Armed Forces. Armed Ukrainian by as well as 436 436 437 The Washington Post , 3 October 2016, https:// 433 Overall, the the Overall, 438 The Guardian, The 431 430 435 and and The The As As - -

er Russia’soccupationofpartDonbas’. stated that ‘Putin has legally recognised the quasi-state terrorist groups which cov authorities Ukrainian the Russia, of President the by issued decree the to reaction Amid the escalating hostilities, the insurgents announced a call-up of new volun new of call-up a announced insurgents the hostilities, escalating the Amid 6.000 and20.000fighters. betweenrange a in be to strength rebels’ the estimated sources security Ukrainian 2. ‘TheDonetskPeople’s Republic’ andthe‘Luhansk People’s Republic’ tally, itissuppliedbymanufacturerslocatedpredominantlyintheEastofUkraine. coinciden and, quantities small exceedingly in present is armament and equipment At present, the armament of the Ukrainian Army is 90-95% worn out or outdated. New Ukrainian security forces estimated the government forces around 50,000 nationwide. ment declaringthatde-factoonly6.000soldierswerein‘combatreadiness’. state public a made Tenuikh Ihor Admiral 2014 March 11 on However, personnel. 125.482 had Ukraine of army the 31 December of as Yanukovych, ex-president by According to the bill ‘On the strength of the Armed Forces of Ukraine in 2013’ signed 1. UkraineArmedForces groups. armed aratists The parties to the NIACs were the Ukrainian armed forces against pro-Russian sep Ukraine’. of regions Lugansk and Donetsk in acting authorities, de-facto by On 18 February 2017, Russia announced that it accepts identity documents ‘issued kan’ PoRsi Rbl?, N, 3 uy 04 http://edition.cnn.com/2014/07/22/world/europe/ukraine-rebels-explainer/. 2014, July 23 CNN, Rebels?’, Pro-Russia Ukraine’s 444 443 eastern-europe/ukraine. 442 com/Politics/115444. 441 www.bbc.com/news/world-europe-39018429 440 at: Russianhttp://kremlin.ru/events/president/news/53895 in available2017, February, 18 a), 1 para Ukraine’), of regions Luhansk and Donetsk the of of documents issued to Ukrainian citizens and stateless persons residing in the territories of certain areas отдельных районов Донецкой и Луганской областей Украины выданных гражданам Украины и лицам без гражданства, проживающим на территориях 439 his strengthen to (DPR), Republic People’s Donetsk prime self-declared the Zakharchenko, of Alexander minister by pledge a following Donetsk, in recruits teer B. B. P

Official website of the President of the Russian Federation, ‘ Federation, Russian the of President the of website Official The Ukrainian Week kan Poie Itrainl rss ru, https://www.crisisgroup.org/europe-central-asia/ Group, Crisis International Profile, Ukraine kan Profile, Ukraine BBC, ‘Russia accepts passports issued by east Ukraine rebels’, 19 February 2017, available at: http:// TheUkranian Week T IES T O T HE CONFLI rss ac Database Watch Crisis , ‘In the Army Now: Answering Many Why’s’, 8 July 2014, http://ukrainianweek.AnsweringWhy’s’,Now:Many 2014, Army July the 8 ‘In , , ‘IntheArmy Now’. 444 CT S 1 uut 04 se lo . mt-pr, h Are Who Smith-Spark, L. also see 2014; August 1 , 440 Указ о признании документов, признании о Указ ’ (‘The decree on the recognition 441 439 443 In In 442 - - - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 101 THE WAR REPORT : ARMED CONFLICTS IN 2016 102

there is mounting evidence of cross-border artillery shelling since 14 July. months ofmilitarytrainingontheterritoryRussianFederation’. four underwent who personnel 1,200 and carriers, personnel armoured and hicles ve fighting infantry are rest the and tanks actual are 30 about which of combat vehicles, ‘150 of possession in were they that stating Luhansk, in those with netsk 446 cbsnews.com/news/ukraine-troops-pro-russia-rebels-intensify-clashes/. 445 charged members of the Russian army. tions, claiming that the Russians fighting in Ukraine are volunteers, including dis allega these denies Russia However, Ukraine. eastern in fighting the in ticipating par were soldiers Russian that claimed consistently has Ukraine outset, the From men. 100,000 to forces troops-killed-in-ukraine. https://www.theguardian.com/world/2015/jan/19/russia-official-silence-for-families- 2015, January 19 454 russian-artillery-strikes-against-ukraine/. https://www.bellingcat.com/news/uk-and-europe/2016/12/21/2016, December 21 Bellingcat, Ukraine, 453 news/europe/2014/07/ukraine-says-soldiers-under-fire-from-russia-201472592936697212.html 452 com/news/world-europe-28345039. 451 menaced-russian-forces. Guardian, 30 August 2014, https://www.theguardian.com/world/2014/aug/30/tension-ukrainian-towns- 450 com/news/world-europe-28934213. 449 News, 10 March 2015, http://www.bbc.com/news/world-europe-31794523. BBC Ukraine?’, in Fighting Are Russians Many ‘How Urban, M. bbc.com/news/world-europe-28963310; 448 http://www.rulac.org/browse/conflicts/international-armed-conflict-in-ukraine#collapse2accord. 447 com/news/world-europe-28817347. ly, therearemanyreportsofRussiansoldiershavingdiedinUkraine. soldiers were fighting alongside rebels. alongside fighting were soldiers cross-border shelling. cross-border servicemen in eastern Ukraine. having shot down a Ukrainian military plane. military Ukrainian a down shot having C. C. CONFLI L

A BBC News, ‘Ukraine Conflict: Russia Accused of Shooting Down Jet’, 17 July 2014, http://www.bbc. 2014, July 17 Jet’, Down Shooting Accusedof RussiaConflict: ‘Ukraine News, BBC S. Case and C. Anders, Putin’s Undeclared War: Summer 2014 — Russian Artillery Strikes Against Strikes Artillery Russian — 2014 Summer War: Undeclared Putin’s Anders, C. and Case S. Al-Jazeera, ‘Ukraine and Russia Claim Border Crossfire’, 25 July 2014, http://www.aljazeera.com/ 2014, July 25 Crossfire’, Border Claim Russia and ‘UkraineAl-Jazeera, This section is drawnThisis section ConflictsfromArmed Lawprojectofin Rule the (rulac.org) profile Ukraine,of A. Luhn, ‘They were Never There: Russia’s Silence for Families of Troops Killed in Ukraine’, AP, ‘Ukraine Troops, Pro-Russia Rebels Intensify Clashes’, CBS News, 10 February 2015, http://www. S. Walker and A. Luhn, ‘Tension High in Ukrainian Border Towns Menaced by Russian Forces’, TheForces’, Russian by TownsMenaced Border Ukrainian in ‘TensionHigh Luhn, A. Walkerand S. BBCNews, ‘Ukraine “ThousandsCrisis: of Russians” East’,in http://www.Fighting August 2014, 28 BBC News, ‘Captured Russian Troops “in Ukraine by Accident”, 26 August 2014, http://www.bbc. 2014, August 26 Accident”, by Ukraine Troops“in Russian ‘Captured News, BBC http://www.bbc. 2014, August 16 Russia”’, in “Trained Fighters Rebel Crisis: ‘Ukraine News, BBC T ES CT T

BE D EVELOPMEN TW EEN UK 452 445 RAINE AND T Based on the analysis of satellite images and social media, media, social and images satellite of analysis the on Based In August 2014, Zakharchenko linked the rebels in Do S IN 2016: IN S 449 Locals have also repeatedly claimed that Russian Russian that claimed repeatedly also have Locals R A USSIA?

P 448 ARALLEL 450 Ukraine has repeatedly captured Russian Russian captured repeatedly has Ukraine In July 2014, Ukraine accused Russia of of Russia accused Ukraine 2014, July In 447 451 I Both have accused each other of of other each accused have Both N T ERNA T IONAL A RMED 454 446

The Guardian

453 Final

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in Ukraine, alleging that the scale of human rights abuses in the country might might country the in amount towarcrimes. abuses rights human of scale the that alleging Ukraine, in situation rights human the on report its issued Rights Human for Commissioner In September 2016, a Dutch-led investigation concluded that the powerful surface- ly includedarbitrarydetention,enforceddisappearancesandtorture. ber 2014 into alleged crimes by the pro-Kiev Aydar battalion, which have reported At the domestic level, Kiev authorities opened a criminal investigation in Septem against country. the crimes in of humanity allegations into investigation preliminary a opened Bensouda, 2014. February 22 to 2013 vember No 21 from territory its in committed crimes alleged over ICC the of jurisdiction the accepting (ICC) Court Criminal International the of Statute Rome the of 12(3) Article under declaration a lodged Ukraine of Government the 2014, April 17 On the non-internationalarmedconflict.’ to parallel in latest, the at 2014 July 14 from Ukraine eastern in hostilities armed of context the in conflict armed international an of existence the suggest ‘would tion ber 2016 Report on Preliminary Examination Activities that the available informa fice of the Prosecutor of the International Criminal Court concluded in its Novem Of The Russia. and Ukraine between conflict armed international parallel a be to appears there government, the and rebels the between conflicts armed ternational non-in the to addition in Hence, 2014. July since rebels the of support in Ukraine eastern in involvement Russian direct towards point combined factors these All country-chapters/ukraine. 459 http://www.ohchr.org/Documents/Countries/UA/10thOHCHRreportUkraine.pdf. 458 http://jurist.org/paperchase/2014/04/icc-opens-preliminary-investigation-into-alleged-ukraine-crimes.php.457 456 vol91/iss1/9/. 91 an earlier point in time, see R. Heinsch, ‘Conflict Classification in Ukraine: The Return of the “Proxy War”?’, 455 was Ukraine, and Malaysia Belgium, Australia, Netherlands, the of from team prosecutors a by report The day. this to continues which cover-up, subsequent the in also but SA-11, or Buck, a called system missile the of deployment the in only not role documented widely already government’s Russian the confirmed largely port quest of Russian-backed separatists, and returned to Russia the same night. The re Ukraine over two years ago, killing plane all 298 people on board, was trucked Airlines in from Russia at the re Malaysia a down shoot to used system missile to-air D . WAR CRIMES CRIMES WAR . International Law Studies Law International

K. Bennett,PreliminaryOpens‘ICCK. Investigation AllegedIntoUkraineCrimes’, JURIST, 2014, April 25 OTP, ‘Report on Preliminary Examination Activities 2016’, §169. For a contrary view, albeit reached at OHCHR,‘Report ontheHumanRightsSituationinUkraine 16February to 15May 2015’, ua Rgt Wth ‘ol Rpr 21: kan’ http://www.hrw.org/world-report/2015/ Ukraine’, 2015: Report ‘World Watch, Rights Human See ICC, Ukraine, https://www.icc-cpi.int/ukraine A LLE G A 458 323 (2015), U.S. Naval College of War, 354, http://stockton.usnwc.edu/ils/War, 354, of College Naval U.S. (2015), 323 T IONS, IONS, 457 In May 2015, the Office of the United Nations High High Nations United the of Office the 2015, May In I NVES 456 On 25 April 2014, the ICC Prosecutor, Fatou Fatou Prosecutor, ICC the 2014, April 25 On T 455 I G A T IONS, AND AND IONS, P ROSE C U T IONS 459 ------

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 103 THE WAR REPORT : ARMED CONFLICTS IN 2016 104 Eastern Ukraine are currently pending before the European Court of Human Rights. Three inter-state cases initiated by Ukraine concerning Russia’s actions in Crimea and not sufficient evidence to classify the conflict as an international armed conflict. conflict. armed international an as conflict the classify to evidence is sufficient there not but rebels Houthi supporting of accused was Iran which and in There instances 2016. North are in Yemen the of South in the in (AQAP) rebels Peninsula Houthi Arabian the in against al-Qaeda conflict armed non-international a in involved be to continued Arabia) Saudi by (led forces consolidated the and Yemen Classiﬁcation oftheconﬂicts: 10. Discrimination. Racial on of Forms All of Elimination Convention the International the the and for Terrorism of Convention Financing International the of the Suppression of violations alleged to regard with sures mea provisional indicate to Court the requested and Justice of Court ternational In the at Russia against proceedings instituted Ukraine 2017, January in Finally, of saying that short Russian soldiers were involved. stopped and culprits individual name not did inquiry The struggle. legal and diplomatic a long open to likely is it and Russia, implicating directly a case ing significant for applying standards of evidence admissible in court while still build 464 2017, January, 17 Justice, available at:http://www.icj-cij.org/docket/files/166/19310.pdf of Court International measures’, provisional indicate to Court the requests 463 http://www.ejiltalk.org/ukraine-versus-russia-in-international-courts-and-tribunals/. 462 http://www.bbc.com/news/world-europe-37495067. 461 malaysia-air-flight-mh17-russia-ukraine-missile.html Ukraine, 460 II. There is also a non-international armed conflict between the Houthi and AQAP. Protocol of Additional the 1977 for applicability has met the threshold The conflict ing theirrighttolife’. terrorism, and violating the human rights of of millions of Ukraine’s citizens, acts includ financing Ukraine, in militarily intervening levels, new dangerous to fairs af Ukrainian in interference its escalated has Federation Russian the 2014 ‘since the findingsofinvestigation,arguingthatitwillwaitforfinalverdict.

BBC News, ‘MH17 Missile “Came From Russia”, Dutch-Led Investigators Say’, 28 September 2016, September 28 Say’, Investigators Dutch-Led Russia”, From “Came Missile ‘MH17 News, BBC International Court of Justice, ‘Ukraine institutes proceedings against the Russian Federation and Federation Russian the against proceedings institutes ‘Ukraine Justice, of Court International G. Nuridzhanyan, ‘Ukraine vs. Russia in International Courts and Tribunals’, EJIL: Talk!, 9 March 2016, Ibid. S. Sengupta and A.E. Kramer, ‘Dutch Inquiry Links Russia to 298 Deaths in Explosion of Jetliner Over Y EMEN IN 2016: IN EMEN The New York Times York New The 464 , 28 September 2016, http://www.nytimes.com/2016/09/29/world/asia/2016, September 28 , A

H EAVY TOLL ON CIVILIANS 460 Russia refused to give its opinion on opinion its give to refused Russia 463

Ukraine contended that that contended Ukraine 461 461 462

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displaced fromtheirhomesinthenortherngovernorates2009–10. ern Syrianborder. against tribal militia, gaining control of various towns and villages near the north radically. and Government Yemeni the the Houthis in February 2010, though episodes between of violence continued to occur spo reached been have to seemed ceasefire A of Jabalal-Dukhan. region border the of section mountainous a of control’ ‘full took and Arabia Saudi into border the across way their fought reportedly Houthis 2009, November 4 On countries. two the of border the along forces security Saudi and Houthis the tween be out broke clashes 2009, October In Government. Yemeni the supporting of bia Ara Saudi accused Houthis the while Houthis, the backing of Iran accusing ities Furthermore, the conflict acquired a regional dimension, with the Yemeni author civilians. and leaders Houthi ing includ sides, both on killed reportedly were Dozens fighting. fiercest the of some in resulting and fire artillery and strikes air by backed provinces, Amran and Sa’da the in Houthis the against offensive major a launched Government the Au 2009, In gust Sanaa. of outskirts the to 2008 mostly June in fighting, escalating but sustained countryside, of the in periods been have there 2004, of clashes the Since to dominate. Zaidis where ates Yemen, in mainly found governor Yemeni northern Shi’ism the in trends of Sunni fundamentalist growing counter 1990s, branch a the Islam, in Zaidi movement reviving Youth at Believing aimed the in founded clashes al-Houthi isolated as Husain began 2004. rebels Houthi and forces Yemeni between Conflict 471 470 yemen.violence/index.html?_s=PM:WORLD. 469 yemen-2004-first-combat-deaths/. 468 by-the-c.html. media/press-releases/artikel/8e6a57b4a95019884040a369d1ead582/more-than-200000-displaced- 467 al-houthi-rebels. Threats, 31 August 2009, www.criticalthreats.org/yemen/critical-war-fragile-country-yemens-battle-shiite- 466 2017, http://www.bbc.com/news/world-middle-east-14704852. 465 of formation the announced government Saleh’s Abdullah Ali President ousted and Houthis the 2016, July late In 2016. and 2015 throughout continued Violence northern governorates in 2009–10. in governorates northern A . H

Ploughshares, UNHCR, ‘More than 200,000 Displaced by the Conflict in Yemen’, 12 January 2010, www.unhcr.se/en/ IS Unless otherwise stated, this section is based on BBC News, ‘Yemen Country Profile’, 17 January 17 Profile’, Country ‘Yemen News, BBC on based is section this stated, otherwise Unless UNHCR,‘More than200,000 displaced by theconflict inYemen’, 12January2010. CNN, ‘Yemeni cease-fire breached’, 13 February 2010, edition.cnn.com/2010/WORLD/meast/02/13/ Ploughshares, C. Harnisch, T ORY OF 469 An estimated 200,000 persons were displaced from their homes in the the in homes their from displaced were persons 200,000 estimated An A Critical War in a Fragile Country: Yemen’s Battle with the Shiite al Houthi Rebels T Yemen (2004 –first combat deaths) Yemen (2004 – first combat deaths) HE CONFLI 471 468 CT 465 466 470 An estimated 200,000 persons were reportedly reportedly were persons 200,000 estimated An In 2011–12, the Houthis continued fighting fighting continued Houthis the 2011–12, In , March 2012, ploughshares.ca/pl_armedconflict/ . 467 , Critical ------

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 105 THE WAR REPORT : ARMED CONFLICTS IN 2016 106 ‘contributing’ to the Houthis’ takeover in Yemen, in takeover Houthis’ the to ‘contributing’ 2. Houthi Rebels Houthi rebels, the to assistance logistical and training financial, material, extensive providing is Iran Although as to a NIAC. Iran the party to consider it is possible not stage At this rebels andAlQaeda(AQAP). Houthi the against forces armed its and Yemen are 2016 in NIAC the to parties The and rebels Houthi their alliesinKuwaitsinceApril,withoutamajorbreakthrough. Iran-backed the and government Hadi’s Mansour Abedrabbo President between talks the mediating been had Envoy Special UN The 2016. gust Au in suspended were war the end to talks peace months, three than more After di-backed governmentofPresidentAbedRabboMansourHadi. Sau the and much rebels the and between continued city, fighting Meanwhile, Yemen. largest north of and capital Yemen’s Sanaa, govern to council’ ‘political a 2013, www.un.org/apps/news/story.asp?NewsID=44638#.UZCwtxZBvX4. 477 country-military-strength-detail.asp?country_id=yemen. 476 com/pulse/politics/2015/02/yemen-aden-gcc-houthis-gulf-support.html#ixzz3ULTWzHaG. 475 com/pulse/originals/2015/02/iran-yemen-houthis-axis-of-resistance.html. 474 4704852. http://www.al-monitor.com/pulse/afp/2016/08/yemen-conflict-health-probe-saudi-msf.html. al-monitor.com/pulse/originals/2016/08/yemen-government-bank-houthis-council-chaos.html. 472 calling youth’ ‘revolutionary with aligning by movement Spring’ ‘Arab the to ed lize the government and of ‘stirring anti-American sentiment’. The group respond destabi to wishing of it accused turn in has Government Yemeni the though tion, discrimina Government against Houthis defend have to are actions their rebels that asserted Houthi The 2004. September in forces army Yemeni by killed ported re was who commander, former their al-Houthi, Badreddin Hussein from name its takes group The Yemen. in operating group insurgent Shia Zaidi a is al-Houthi ists. reserv 250,000 with strong, 250,700 be to estimated is Forces Armed Yemeni The 1. Yemeni ArmedForces ICTY. the of jurisprudence Tadic the by required as control’, ‘overall as regarded be mand basedontheruleoflaw’. com and leadership professional and national unified, under them integrating to view a ‘with forces armed the particular in sector, security nation’s the restructure B. B. P

476 AR UN News Centre, ‘Yemen: Ban, Security Council welcome efforts to reform armed forces’, 12 April 12 forces’, armed reform to efforts welcome Council Security ‘Yemen:Ban, Centre, News UN Al-Monitor, ‘GCC Moves to Legitimize Aden as Yemen’s Capital’, 1 March 2015, http://www.al-monitor. S. ShahidSaless ‘Does Iran Really Control Yemen?’, Al-Monitor, 12 February 2015, http://www.al-monitor. A. Nasser, ‘Yemeni Conflict Goes Back to Square One’, Al-Monitor, 14 August 2016, http://www. 2016, August 14 Al-Monitor, One’, Square to Back Goes Conflict ‘Yemeni Nasser, A. lbl ieoe, Ymn iiay tegh, eebr 06 http://www.globalfirepower.com/ 2016, December Strength’, Military ‘Yemen Firepower, Global UN Secretary-General Ban Ki-moon welcomed President Hadi’s efforts to to efforts Hadi’s President welcomed Ki-moon Ban Secretary-General UN T IES T O 474 T HE CONFLI to the point that US Secretary of State, John Kerry, accused Iran of Iran accused Kerry, John State, of Secretary US that point the to CT 477 475 such contribution cannot yet yet cannot contribution such 472 473 ------

116022000534_1.html. http://www.business-standard.com/article/pti-stories/qaeda-kills-three-in-sweep-of-yemen-s-south- 482 site/groups/aqap.html. 481 Detail/2016/02/05/448750/Yemen-Saudi-Arabia-Hamdan-Aden/. emerged in January 2009 through a union of the Saudi and Yemeni branches of of branches Yemeni and Saudi al-Qaeda. the AQAP of union 2006. a February through in 2009 Sanaa, January in in emerged prison a from members Al-Qa‘ida 23 of cape es the after existence into came predecessor, AQAP’s (AQY), Yemen in Al-Qa‘ida 3. AlQaedaintheArab Peninsula (AQAP) victims. its for justice and regime the of downfall the for 480 brief/news/is-yemen-on-the-brink-of-economic-meltdown-and-civil-war. 479 2012) 13,. www.ctc.usma.edu/posts/yemens-Houthi-movement-in-the-wake-of-the-arab-spring. 478 with theirheadquartersinAlMukalla them linking governance, Abyan southern the seized AQAP 2016, February 20 On Paris on7January2015. of headquarters the at one the least not but last attacks, terrorist high-profile numerous and orchestrated EU have to believed is It the U.S.. the UAE, the Arabia, Saudi Yemen, Iran, Syria, Russia, Canada, Australia, the moreattractive. all name Allah Ansar branded newly their under with Houthis the favour making of public, out the fallen have vision, unclear an with disorganized now parties, transitional uncertain powerfulformerly the of Many Houthis. the Yemen’s to supporters more drawn has period by created vacuum power The Yemen. in ments move political and social organized and stable most the of one now are outliers, tiative targetingthecountry,whichwasbeingimplementedbySaudiArabia. from ini U.S.-Israeli a as described they tribesmen what against union pledged of parts southern the hundreds capital, the in held gathering a In the aggression. resisting Saudi fighters country’s the for mobilization potential of form the in port sup provide to vowing Sana’a, capital, the of north the to rallied tribes, most powerful Yemen’s of one Hamdan, of Men that reported tv press 2016, February 5 On

National Counterterrorism Center, ‘Al Qa’ida in the Arabian Peninsula (AQAP)’, http://www.nctc.gov/ L. Winter, ‘Yemen’s Huthi Movement in the Wake of the Arab Spring’, 5, Spring’, Arab the of Wake the in Movement Huthi ‘Yemen’sWinter, L. A. Potter, ‘Yemen in Crisis’, Esquire Middle East, 5 September 2015, http://www.esquireme.com/2015, September 5 East, Potter,Middle Esquire A. ‘YemenCrisis’, in F, Qea il Tre n we o Ymns ot’ Bsns Sadr, 0 eray 2016, February 20 Standard, Business South’, Yemen’s of Sweep in Three Kills ‘Qaeda AFP,

PressTv 481 ‘Yemeni Tribes Call for Mobilization Against Saudi Arabia’ The group has been designated as a terrorist organization by the UN, UN, the by organization terrorist a as designated been has group The 479

482 Charlie Hebdo Hebdo Charlie , 5 February 2016, http://presstv.ir/ 478 The Houthis, once the the once Houthis, The satirical magazine in in magazine satirical CTC Sentinel CTC , 8 (August 8 , 480 - - - -

PART 2 : KEY DEVELOPMENTS OF SELECTED ARMED CONFLICTS IN 2016 107 THE WAR REPORT : ARMED CONFLICTS IN 2016 108

tional humanitarian law. In September, a report from a UK joint parliamentary parliamentary joint UK a from report a September, In law. humanitarian tional interna breaching of accusations facing is which coalition, the Saudi-led and the on UK U.S. the by pressure added put has casualties civilian of number growing committee called for the suspension of weapons sales to Saudi Arabia until the the until Arabia IHL. of violations Saudi of allegations investigate to can UN sales weapons of suspension the for called committee announced the halt of arms sales to Saudi Arabia because of the high death toll toll death high the of among civiliansinthekingdom’sbombingcampaignYemen. because Arabia Saudi to sales arms of halt the announced ihu Bres klig 1 epe n wudn mr ta 1 others. 19 than more wounding and people 11 killing Borders, Without company withafactoryinFife. arms US a by produced systems guidance had market busy a at fired bombs smart whether and Yemen in crime war alleged an into began investigation an 2016, In International the of Statute Rome 1998 the Criminal Court. ratified not but signed has Yemen August until 2015 2016. March from injured 35,000 and killed were people 6,800 than more (OCHA), Affairs Humanitarian of Coordination the for Office UN the to ing Accord civilians. Yemeni on toll heavy a take to continued conflict the 2016, In C. theferret.scot/investigation-underway-into-alleged-yemen-war-crime-97-killed/. 488 saudi-arabia-over-yemen-airstrikes. https://www.theguardian.com/world/2016/dec/13/us-to-halt-planned-arms-sales-to- 2016, December 487 2016, http://www.middleeasteye.net/news/uk-arms-sales-yemen-saudi-arabia-556224369. 486 www.al-monitor.com/pulse/afp/2016/08/yemen-conflict-health-probe-saudi-msf.html. 485 airstrikes-on-yemen-have-hit-civilian-sites-data-shows. Guardian The 484 Final%20v2.pdf. http://reliefweb.int/sites/reliefweb.int/files/resources/Humanitarian%20Dashboard_Jan-Aug%20 483 survey of the conflict. the of survey comprehensive most the to according infrastructure, economic and mosques kets, mar hospitals, buildings, school as such sites, civilian hit have raids coalition al D . WAR CRIMES CRIMES WAR . L

A E. MacAskill, ‘US to Halt Planned Arms Sales to Saudi Arabia Over Yemen airstrikes’, OCHA, ‘Yemen OCHA, :Humanitarian Dashboard (January–August 2016)’, AFP, ‘Coalition Open Probe Into Deadly Yemen Hospital Raid’, Al-Monitor, 16 August 2016, http:// 2016, August 16 Al-Monitor, Raid’, Yemen DeadlyHospital Into ProbeAFP, Open ‘Coalition B. Briggs, ‘Investigation Into Alleged Yemen War Crime: 97 Killed’, The Ferret, 12 April 2016, https:// G. Baker, ‘Saudi Arms Sales Must End, UK Parliamentary Report Says’, Middle East Eye, 15 September E. MacAskill and P. Torpay, ‘One in Three Saudi Air Raids on Yemen Hit Civilian Sites, Data Shows’, Data Sites, Civilian YemenHit on Raids Air Saudi P.ThreeTorpay, and in MacAskill ‘One E. 483 T ES It has been reported that more than one-third of all Saudi-led multination Saudi-led all of one-third than more that reported been has It T

D 1 Spebr 06 https://www.theguardian.com/world/2016/sep/16/third-of-saudi- 2016, September 16 , EVELOPMEN A LLE G 484 A T On 15 August, an air strike hit a hospital run by Doctors Doctors by run hospital a hit strike air an August, 15 On T IONS, IONS, S IN 2016: IN S I 488 NVES A T

I H G EAVY TOLL ON CIVILIANS A T IONS, AND AND IONS, 486 P In December 2016, the U.S. the 2016, December In ROSE C U T 487 IONS

The Guardian 485 The The , 13 - - - -

hospitals, schools, civilian businesses and mosques, in violation of IHL rules on on rules IHL of the conductofhostilities. violation in mosques, and businesses civilian schools, markets, homes, hospitals, attacked unlawfully has coalition the as crimes, might war 2015 to March amount since Saleh Abdullah Ali President forces former Houthi to loyal against forces UK, and and U.S. the by supported Yemen, in operations itary mil coalition Saudi-led the that declared Watch Rights Human 2017, January In hrw.org/news/2017/01/12/yemen-no-accountability-war-crimes. 489

Human Rights Watch, ‘Yemen: No Accountability for War Crimes’, 12 January 2017,https://www. January 12 Crimes’, War for Accountability No ‘Yemen:Watch, Rights Human 489 -

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