Authority and Weakness of the 1977 Geneva Protocol II in the Light of the Conflict in Chechnya
In: International peacekeeping, Band 6, Heft 4-6, S. 137-144
ISSN: 1380-748X
Examines links between the conflict in Chechnya & the Additional Protocol II of 1977 to the Geneva Conventions to illustrate the limits of international humanitarian law. Legal issues addressed at the 1974-1977 diplomatic conference are discussed & the confusing vocabulary of Protocol II is pointed out. It is maintained that international bodies have avoided stating that the Chechen conflict meets the criteria of Additional Protocol II in favor of stressing obligations under humanitarian law. Russian descriptions of the conflict emphasize the need to fight terrorism & reestablish legal order in Chechnya, as well as the high quantity/quality of Chechen fighters & armaments. Protocol II distinctions between internal armed conflict & simple riots are examined to show how governments can arbitrarily decide whether the criteria have been fulfilled. Complications arising from noncompliance with humanitarian legal obligations by the nongovernmental side in a conflict are discussed, along with government repression or amnesty when humanitarian legal conduct is violated by governmental forces; & the ease with which states/organizations spin official comments to confuse Protocol rules. J. Lindroth