International law and the classification of conflicts
Oxford : Oxford University Press, 2012
p. 146-202 : carte
This chapter subdivides Congo's history of violence into four key periods: 1) the period prior to the First Congo War extending from the spring of 1993 until summer 1996; 2) the period starting with the outbreak of the First Congo War in July 1996 until the summer of 1998; 3) the period spanning the Second Congo War until the establishment of the transitional government in July 2003; and finally 4) the period since the end of the Second Congo War during which time large-scale fighting has continued to dominate life in the eastern provinces. Each section begins with a cursory overview of the history of the conflicts and identifies the main protagonists. This is followed by a critical examination of the legal framework within which both external observers and those involved in the hostilities claimed was applicable. Whether the categorization of the specific armed conflict under consideration altered the behaviour of the parties in respect of the rules on opening fire and those relating to capture and detention are examined to ascertain what legal and practical problems were —and still are— encountered with the bifurcation of the law.