Both common Article 3 to the 1949 Geneva Conventions and customary international humanitarian law (1) apply in the case of an armed conflict of a non-international character occurring on the territory of a state party. This is the case for Uganda (a state party to these instruments), in which the Government is fighting against a number of non-state armed groups (see non-state actors section). Uganda is also a state party to 1977 Additional Protocol II, but given the requirement that non-state armed groups control territory within Uganda itself -- no longer the case with the Lord's Resistance Army since it is based abroad -- it is not believed that this instrument is formally applicable. Common Article 3 provides as follows: In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. (1) See, for example, the International Committee of the Red Cross study of the rules of customary international humanitarian law applicable to non-international armed conflicts (see pdf below). |
