Burning Of Villages May Be Legal Under International Law - Barrister Tumasang Martin Explains In Thi
- Linda EYONG Suzy
- Apr 26, 2018
- 4 min read
Since the declaration of war on the people of Southern Cameroons by president Paul Biya, the colonial military seem not to be skillful enough in tackling the Restoration Forces of Ambazonia (ARF). The restoration forces have proven to be very tacktical in their "hit and return to base" approach. In this approach, the restoration forces at each attack, make a surprising appearance, attack, and immediately return to their mobile base.
With rising numbers of death toll and full of frustrations not being able to lay hands on the restoration forces, the colonial military, like their masters in Yaounde who turn to the weaker ones when the stronger ones defeat them, they turn to innocent villagers, beat, shoot, abduct them and burn down their houses. While the war style of the Ambazonia Restoration Forces has been a "hit and return" approach, that of the colonial military has been a "village burning" approach.
Mr. Tumasang Martin is a Barrister and an International Arbitrator to whom most people have been writing to ask questions about the legality of the approach of the Republic of Cameroon's military, which is the burning down of villages. In a response on his facebook page, he said, "...whilst the burning of villages by soldiers is sad and emotional, it might be legal in international law provided some conditions are met".
Read his full message below to get a clear picture of what he said;
"In a post on his facebook page, titled, Legality of La Republique du Cameroun Burning Villages in Southern Cameroons (Ambazonia), Tumasang explains that such an act could be legal according to international law, under certain conditions. Here him out...
Many people have written and called me to ask my view on the burning of villages in South Cameroons (Ambazonia) by La Republique du Cameroun combatant forces. I told them that whilst the burning of villages by soldiers is sad and emotional, it might be legal in international law provided some conditions are met. Most were shocked and asked if I am really saying that in international law such burning might be legal?.
I explained to them that pursuant to Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War, 1949, Articles 5, 42, 78, 75 U.N.T.S. 287, occupying forces or combat forces such as Militaire Camerounese may lawfully evacuate the civilian population from an area “if the security of the population or imperative military reasons so demand”. The main caveat here is that in carrying out such evacuation, the principle of proportionality comes into play, and La Republique du Cameroun must take feasible precautions (including the selection of those methods, means, and targets that will likely yield the least incidental injury to civilians, assuming a comparable military advantage) in its activities and its aim must qualify as a military objective The question that falls to be answered by La Republique du Cameroon is what is the military objective for the burning of villages?, if the reason for the burnings is to displace the population for military purposes, could such displacement have been done with less harm to the civilian population?. If the burnings are mainly for collective punishment and not military objectives then La Republique has breached International Humanitarian Law, but if proportionate, with legitimate aims, to obtain reasonable military objectives, then the burning of the villages might be legitimate. It seems La Republique might be banking on such defence when stock will be taken at the end of the hostilities to know who has committed war crimes. Generally, the wanton destruction of cities, towns or villages without proper necessity is not allowed in both internal and international conflicts.
Lex scripta on internal and international conflicts is clear that even if La Republique du Cameroun did not burn the properties, it can actually seize them under some conditions. Pursuant to Security Council Resolution 664, U.N. Doc. S/RES/664 (Aug. 8, 1999), seizure of foreign citizens’ property is only permitted if “absolutely necessary” to maintain security in one’s own country or for “imperative reasons of security” in occupied territory (assuming La Republique du Cameroun is an occupying power in Ambazonia)". - Bar. Tumasang Martin
Joseph ATEMS
SC Blogger, Lebialem County | For SCAR.press - The Ambazonians' Platform
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