rope, then dragged behind the vehicle, which drove at full speed for three kilometers. Then the rebels slit
the throat of one of them, decapitated another and shot the third. One of the three was called ‘Antonio,’ he
belonged to a village self-defense committee. Later we found three more bodies, two youths from the
village and a woman who was not from the village.191
X. LEGAL OBLIGATIONS AND LOCAL RESPONSES
TO ABUSES AGAINST CIVILIANS
Côte d’Ivoire’s legal obligations
Initially described as a mutiny, then as a coup attempt, within a matter of days the conflict reached the threshold
of an internal conflict.192 Despite the introduction of the Liberian fighters, the conflict in Côte d’Ivoire remained
an internal conflict, albeit one with some international dimensions given the indirect involvement of neighboring
Liberia and Burkina Faso.
All parties involved in the conflict in Côte d’Ivoire are obliged to respect fundamental principles of international
humanitarian law. This body of law demands that all parties to the conflict distinguish at all times between
civilians and combatants, and between civilian property and military objectives. Acts or threats of violence
intended to spread terror among the civilian population, in particular murder, physical or mental torture, rape,
mutilation, pillage, and collective punishment, are prohibited. The destruction of objects indispensable to the
survival of the civilian population, such as foodstuffs, agricultural areas for food production, crops, drinking water
installations and supplies, is also prohibited.193
Côte d’Ivoire has incorporated many of the key principles of international humanitarian law within its national
legislation. The core provisions of international human rights and humanitarian law, including the prohibition of
genocide and crimes against the civilian population, have been incorporated into the Ivorian Penal Code.194
Article 138 of the Penal Code specifically prohibits reprisal killings, and both the government and rebel forces
must be held accountable for the reprisal killings committed by each side. The government and rebel forces,
including their respective Liberian mercenaries and civilian militia forces, must also be held accountable for the
numerous counts of rape, murder, and pillaging of the civilian population described in the above chapters, all of
which are prohibited under both national and international law.
Côte d’Ivoire has also signed and ratified key international human rights treaties. A number of fundamental
provisions of these treaties, such as the right to life, the right to be free from torture and the right to be free from
ethnic discrimination were violated by the government forces. Many of the fundamental rights embodied in these
treaties are non-derogable, meaning that the government and its security forces are obliged to respect them
regardless of the armed conflict.
191 Human Rights Watch interview, Duékoué, April 2, 2003.
192 Under international humanitarian law, an internal conflict is defined as a conflict that takes place between the national
armed forces and “dissident armed forces or other organized armed groups which, under responsible command, exercise such
control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement
this Protocol.” Article 1.1, Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977.
193 Geneva Conventions of 12 August 1949 (Geneva Conventions). Côte d’Ivoire has signed and ratified the Geneva
Conventions; the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of
Victims of International Armed Conflicts (Protocol I), 8 June 1977; and Protocol Additional to the Geneva Conventions of 12
August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977. Côte
d’Ivoire ratified the Additional Protocols of 1977 on September 20, 1989. The Protocols were published by Decree No. 881102 of November 25, 1988.
194Law No. 81-640. Article 138 of the Penal Code is based on the fundamental guarantees incorporated in the Geneva
Conventions, and deals with crimes against the civilian population.
Human Rights Watch
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August 2003, Vol. 15, No. 14 (A)