International Journal For Multidisciplinary Research

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Protecting the Forgotten Heroes in Non-international Armed Conflict: A Review of Bosco Ntaganda’s Disobedient Belligerents

Author(s) ZEDY MALAIKA
Country TANZANIA
Abstract Non-International Armed Conflicts have continued to erupt around the globe and much of the acts are taking place in Africa. Irrespective of the fact that some laws allow belligerents to not obey the superior orders in situations where such orders are in conflict with the laws of war, nevertheless, such laws consider parties who are to disobey orders and be able to be protected by the laws to be soldiers only whose qualifications differs with those who partake in non-international armed conflict. In reality, some belligerents whose role in the battle field are not different from those of soldiers are not afforded such an opportunity as a result their rights to be protected as other human beings who in the protection of laws of wars disobeys unlawful orders from their superiors. It is with this backdrop, this article brings to light the forgotten heroes i.e. disobeying belligerents in NIACs who in the battle field are sometimes ordered to carry out unlawful acts but refuses to do so and as a result ends up being killed or tortured. A lens is used in Bosco Ntanganda’s case to determine the legality of such an approach. The article carries with it a reformatory agenda as far as international humanitarian laws are concerned.
Keywords belligerents, non-international armed conflict, Congo, Bosco Ntaganda, international humanitarian law
Published In Volume 5, Issue 6, November-December 2023
Published On 2023-11-13
Cite This Protecting the Forgotten Heroes in Non-international Armed Conflict: A Review of Bosco Ntaganda’s Disobedient Belligerents - ZEDY MALAIKA - IJFMR Volume 5, Issue 6, November-December 2023. DOI 10.36948/ijfmr.2023.v05i06.8497
DOI https://doi.org/10.36948/ijfmr.2023.v05i06.8497
Short DOI https://doi.org/gs4xtp
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