RIOTS IN AN ARMED CONFLICT SITUATION

DR TUGHRAL YAMINASSOCIATE DEAN CIPS

INTERPLAY BETWEEN THE CONDUCT OF HOSTILITIES & LAW ENFORCEMENT PARADIGMS

RIOTS

ARMED CONFLICT

LAW ENFORCEMENT PARADIGM

LAW ENFORCEMENT PARADIGM• THE BASIC CONCEPT OF LAW ENFORCEMENT COMPRISES ALL

TERRITORIAL AND EXTRATERRITORIAL MEASURES TAKEN BY A STATE TO VERTICALLY IMPOSE PUBLIC SECURITY, LAW, AND ORDER OR TO OTHERWISE EXERCISE ITS AUTHORITY OR POWER OVER INDIVIDUALS IN ANY PLACE OR MANNER WHATSOEVER.

• THE NORMATIVE PARADIGM OF LAW ENFORCEMENT COMPRISES THE RULES, PRINCIPLES, AND STANDARDS OF INTERNATIONAL LAW, WHICH GOVERN THE CONDUCT OF LAW ENFORCEMENT ACTIVITIES AND DETERMINE THE LAWFULNESS OF SUCH ACTIVITIES.

• IN TERMS OF SUBSTANCE, THE NORMATIVE PARADIGM OF LAW ENFORCEMENT ESSENTIALLY INCLUDES THE TOTALITY OF INTERNATIONAL RULES, WHICH BALANCE THE COLLECTIVE INTEREST IN ENFORCING PUBLIC SECURITY, LAW AND ORDER AGAINST THE CONFLICTING INTEREST IN PROTECTING INDIVIDUAL RIGHTS AND LIBERTIES.

NILS MELZER, TARGETED KILLING IN INTERNATIONAL LAW (OXFORD, 2008)

ARMED CONFLICT

AN ARMED CONFLICT IS A CONTESTED INCOMPATIBILITY WHICH CONCERNS GOVERNMENT AND/OR TERRITORY WHERE THE USE OF ARMED FORCE BETWEEN TWO PARTIES, OF WHICH AT LEAST ONE IS THE GOVERNMENT OF A STATE, RESULTS IN AT LEAST 25 BATTLE-RELATED DEATHS.

DEPT OF PEACE & CONFLICT RESEARCH, UPSALA UNIVERSITY SWEDENhttp://www.pcr.uu.se/research/ucdp/definitions/definition_of_armed_conflict/

PARTIES TO AN ARMED CONFLICT

• THE STATE & ITS SECURITY FORCES / LAW ENFORCEMENT AGENCIES. THE STATE MAY BE ABSENT

• THE NON STATE ACTORS I.E. WARLORDS, TRIBAL LEADERS, INSURGENTS & MILITANTS

• THIRD PARTIES INCLUDING PEACEKEEPERS, RELIEF AGENCIES INCLUDING ICRC, DOCTORS WITHOUT BORDERS, NGOs & INGOs

RIOTA VIOLENT DISTURBANCE OF PEACE BY AN UNRULY CROWD

TAHRIR SQUARE CAIRO

OCCUPIED KASHMIR

OCCUPIED PALESTINE

SOMALIA

HOW TO RESPOND TO RIOTING CROWDS?

• USE PEACEFUL MEANS• USE LAWFUL MEANS• USE FORCE AS LAST RESORT• USE MINIMUM FORCE• ONLY TARGET THE RING LEADERS• FIRE TO DISABLE & NOT TO KILL

RULES TO BE RESPECTED IN AN ARMED CONFLICT

• PROHIBITION OF DIRECT ATTACKS AGAINST CIVILIANS AND OF INDISCRIMINATE ATTACKS

• OBLIGATION TO RESPECT THE PRINCIPLE OF PROPORTIONALITY IN ATTACKS

• OBLIGATION TO TAKE ALL FEASIBLE PRECAUTIONS SO AS TO AVOID AS FAR AS POSSIBLE CIVILIAN CASUALTIES

USE OF DISPRORTIONATE FORCE

ICRC INTERPRETIVE GUIDANCE ON THE NOTION OF DIRECT PARTICIPATION OF HOSTILITIES UNDER IHL

• DURING AN ARMED CONFLICT, POLITICAL DEMONSTRATIONS, RIOTS AND OTHER FORMS OF UNREST ARE OFTEN MARKED BY HIGH LEVELS OF VIOLENCE AND ARE SOMETIMES RESPONDED TO BY MILITARY FORCE.

• IN FACT, CIVIL UNREST MAY WELL RESULT IN DEATH, INJURY AND DESTRUCTION AND ULTIMATELY MAY BENEFIT THE GENERAL WAR EFFORT OF A PARTY TO A CONFLICT BY UNDERMINING THE AUTHORITY AND CONTROL OF ANOTHER PARTY THROUGH POLITICAL PRESSURE, ECONOMIC INSECURITY, DESTRUCTION AND DISORDER.

• IT IS THEREFORE IMPORTANT TO DISTINGUISH DIRECT PARTICIPATION IN HOSTILITIES – WHICH IS SPECIFICALLY DESIGNED TO SUPPORT A PARTY OF AN ARMED CONFLICT AGAINST ANOTHER – FROM VIOLENT FORMS OF CIVIL UNREST, THE PRIMARY PURPOSE OF WHICH IS TO EXPRESS DISSATISFACTION WITH THE TERRITOIAL OR DETAINING AUTHORITIES

THE APPLICATION OF INTERNATIONAL HUMANITARIAN LAW IN INTERNAL CONFLCT

• IN A NON-INTERNATIONAL ARMED CONFLICT – OR INTERNAL CONFLICT – INTERNATIONAL HUMANITARIAN LAW APPLIES.

• THIS BODY OF LAW AIMS TO LIMIT THE METHODS AND MEANS OF WARFARE, AND TO PROTECT PEOPLE WHO ARE NOT, OR NO LONGER, TAKING PART IN THE HOSTILITIES.

INTERNAL CONFLICT• WHEN COLLECTIVE VIOLENCE ERUPTS IN A COUNTRY, THE ICRC

USES WELL-ESTABLISHED LEGAL CRITERIA TO ASSESS WHETHER OR NOT THAT VIOLENCE IS CHARACTERIZED AS AN ARMED CONFLICT.

• THIS CHARACTERIZATION ENABLES THE ICRC TO REMIND THE PARTIES TO THE CONFLICT OF THEIR LEGAL OBLIGATIONS.

• EXAMPLES OF RECENT NON-INTERNATIONAL ARMED CONFLICTS INCLUDE THE HOSTILITIES THAT BROKE OUT IN NORTHERN MALI IN EARLY 2012 BETWEEN ARMED GROUPS AND THE MALIAN ARMED FORCES, AND THE FIGHTING IN SYRIA BETWEEN ARMED GROUPS AND SYRIAN GOVERNMENT FORCES.

DIFFERENCE BETWEEN INTERNAL & INTERNATIONAL ARMS CONFLICT

• A NON-INTERNATIONAL OR INTERNAL ARMED CONFLICT REFERS TO A SITUATION OF VIOLENCE INVOLVING PROTRACTED ARMED CONFRONTATIONS BETWEEN GOVERNMENT FORCES AND ONE OR MORE ORGANIZED ARMED GROUPS, OR BETWEEN SUCH GROUPS THEMSELVES, ARISING ON THE TERRITORY OF A STATE.

• IN CONTRAST TO AN INTERNATIONAL ARMED CONFLICT, WHICH OPPOSES THE ARMED FORCES OF STATES, IN A NON-INTERNATIONAL ARMED CONFLICT AT LEAST ONE OF THE TWO OPPOSING SIDES IS A NON-STATE ARMED GROUP.