KIULJ Volume. 1, Issue 2 (2017)

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Contributor(s)

Mugombozi Akonkwa Felicite
 

Keywords

Customary International Law Humanitarian access International Humanitarian Law Rebel groups Rule 55.
 

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Implementation and Enforcement Of Rule 55 Of Customary International Law In Non-International Armed Conflict: Obligations Of Rebel Groups In Northkivu Democratic Republic Of Congo

Abstract: Rule 55 of Customary International Humanitarian Law (CIHL) is biding all states as a norm of ‘jus conges’. There is practice which recognizes that a civilian population in need is entitled to receive humanitarian relief essential to its survival, in accordance with International Humanitarian Law (IHL). Both parties to conflict, International or Non-International are obliged to achieve that obligation. In situations of armed conflict, the responsibility for the civilian population well-being lies with all of the parties to conflict. If they are unable or unwilling to meet the basic needs of the affected population within their control, they are obliged to allow and facilitate the impartial provision of assistance. Failing to perform that obligation, parties to conflict should engage their responsibility. The violation of the ‘obligation to allow or facilitate humanitarian relief can amounts to breach of International Humanitarian Law. According to Rule 139 CIHL, Armed groups must respect International Humanitarian Law. The responsibility of Non-States actors, in this case rebel groups, is not determine by any treaty in IHL. However, The UN Security Council and states practices have addressed violations of International Law by non-state armed groups on numerous occasions. Therefore, member of rebel groups might be prosecuted for denial of humanitarian access as a war crime, crime against humanity or genocide under national or international tribunals and courts. In Democratic Republic of the Congo, the court of appeal and military tribunals and courts have jurisdiction to prosecute individual members of rebel groups for the denial of humanitarian assistance and access. For the implementation of the Rule 55 the conflict in North Kivu, DRC government should prosecute individual responsible of the denial of humanitarian assistance and access. When she is unable or unwilling to do so, the International Criminal Court prosecutor will investigate and prosecute them thus the Rule 55 will be effective in the non-international armed conflict in DRC, in general and North Kivu, in particular.
 
 
 

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