New Generation University

College (NGUC)
School of Post-Graduate Studies in GSIR

COURSE TITLE: public International Law & It’s

Governance

Course Code: GSIR 613

Final Exam of the public International Law & It’s Governance

Submitted to:

Bizuneh Beyene Bayisa (Ass Prof;)

Prepared by: Ahmed Nur Salim

ID: NGU/23/3932

Submission Date: 12, November 2023

Addis Ababa, Ethiopia

QUESTION

1. The current Horn of Africa’s states international relations is dominated by the

expressions of concerns and replies by the concerned neighboring states against
the explanation of the Prime Minister of Ethiopia Dr. Abiy Ahmed, regarding the
crucial need of Ethiopia to have a port and an access to the Red Sea which became
the political turmoil of the sub-region. Based on the provisions of conventions of
the International Law of the Sea, provide valid, legitimate, exhaustive and tenable
advice to the concerned states and the international community at large (20
points).

ANSWER

The International Law of the Sea is a set of conventions that establish a legal
framework for all marine and maritime activities. According to the United Nations
Convention on the Law of the Sea (UNCLOS), which is an international agreement
that has been ratified by 167 countries and the European Union, every coastal state
has the right to establish the breadth of its territorial sea up to a limit not exceeding
22.224 km (12 nautical miles). In addition, every coastal state has the right to
establish an exclusive economic zone (EEZ) extending 200 nautical miles from its
baselines. The EEZ gives the coastal state special rights to explore, exploit, and
manage the natural resources in the water column, on the seabed, and beneath
the seabed.

In the case of Ethiopia, it is a landlocked country that has no direct access to the
sea. However, it has the right to establish an EEZ extending 200 nautical miles from
its baselines, which are determined in accordance with UNCLOS. Ethiopia can also
exercise its right of innocent passage through the territorial sea of other states. This
can be implemented as HE Prime Minister Abiy Ahmed (PhD) said: “We didn’t just
say give us; you can take as well. But we need a port. If you say, “we don’t want
GERD”, you can take 20-30 percent share from Ethiopian Airlines which ranks 1st
in Africa. If you don’t want Ethiopian Airlines, you can take share from Ethio
Telecom, the largest telecom in Africa which has 70+ million subscribers.”

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Based on the provisions of UNCLOS, my advice to the concerned states and the
international community at large is to respect the rights of Ethiopia as a landlocked
state to establish an EEZ and to exercise its right of innocent passage through the
territorial sea of other states. The concerned states should engage in constructive
dialogue to resolve the political turmoil in the sub-region and to promote regional
cooperation and integration. The international community should support the
efforts of the concerned states to achieve peace, stability, and development in the
Horn of Africa.

QUESTION

2. Discuss the status of civil war, the obligations of belligerents and the rights of the
belligerent states against persons assumed with enemy character under the
International Laws of the War (20 points).

ANSWER

Status of civil war:

Civil war is a type of armed conflict that occurs between two or more parties within
the same state. The international laws of war apply to civil war, but not in the same
way as they do to international armed conflict. There are different criteria and rules
for determining when a civil war exists, and what obligations and rights the parties
involved have.

One of the main criteria for applying the international laws of war to civil war is the
recognition of belligerency. This means that a party to the conflict has achieved a
certain level of organization, control, and legitimacy, and is able to conduct
sustained and coordinated military operations against the government or another
party. Recognition of belligerency can be granted by the government, by other
states, or by international organizations. Recognition of belligerency gives the party
a legal status similar to that of a state in an international armed conflict, and
imposes on it the same obligations and rights under the international laws of war.

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However, recognition of belligerency is not a requirement for applying the
international laws of war to civil war. Even if a party is not recognized as a
belligerent, it may still be bound by some of the rules of war, such as the Geneva
Conventions and their Additional Protocols, which set out the minimum standards
of humanitarian treatment for persons affected by the conflict, such as civilians,
prisoners of war, wounded, and sick. These rules apply to all parties to the conflict,
regardless of their legal status, as long as the conflict meets the threshold of
intensity and organization required by the Conventions and Protocols.

One of the consequences of applying the international laws of war to civil war is
the distinction between combatants and non-combatants. Combatants are those
who have the right to participate directly in hostilities, and are entitled to
protection as prisoners of war if captured. Non-combatants are those who do not
have the right to participate directly in hostilities, and are entitled to protection as
civilians if they do not take part in the conflict. The distinction between combatants
and non-combatants is based on the principle of distinction, which requires the
parties to the conflict to distinguish between military and civilian targets, and to
avoid or minimize harm to civilians and civilian objects.

However, the distinction between combatants and non-combatants is not always

clear in civil war, especially when the parties do not wear uniforms or distinctive
signs, or when they mix with the civilian population. This creates challenges for
identifying and respecting the enemy character of the persons involved in the
conflict. Enemy character is the legal status that determines whether a person can
be attacked or captured by the opposing party. Enemy character is usually
determined by the nationality, allegiance, or membership of a person to a party to
the conflict. However, in civil war, these criteria may not be sufficient or reliable,
as there may be cases of dual nationality, defection, or collaboration. Therefore,
the international laws of war provide some additional rules and guidance for
determining the enemy character of persons in civil war, such as the principle of
proportionality, the presumption of civilian status, and the requirement of
effective control.

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The principle of proportionality states that an attack is lawful only if the expected
military advantage balances the expected civilian harm. This means that the parties
to the conflict must consider the benefits and risks of attacking a person or an
object that may have enemy character, and refrain from attacking if the harm to
civilians or civilian objects would be excessive.

The presumption of civilian status states that a person is presumed to be a civilian

unless there is clear evidence that he or she is a combatant. This means that the
parties to the conflict must exercise caution and restraint when targeting a person
or an object that may have enemy character, and avoid attacking if there is doubt
about the status of the person or the object.

The requirement of effective control states that a person is considered to have

enemy character only if he or she is under the effective control of a party to the
conflict. This means that the parties to the conflict must assess the degree of
influence and authority that a party has over a person or an object that may have
enemy character, and refrain from attacking if the person or the object is not
subject to the command or direction of the party.

Summary,

Under the International Law of War, belligerents have the following obligations:

• They must respect and protect the rights of civilians and other non-
combatants.
• They must distinguish between military targets and civilian objects.
• They must not use weapons or tactics that cause unnecessary suffering.
• They must provide medical care to the wounded and sick.
• They must treat prisoners of war humanely.

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Belligerent states also have certain rights under the International Law of War,
including the right to:

➢ Use force to defend themselves.

➢ Capture and detain enemy combatants.
➢ Seize enemy property.
➢ Blockade enemy ports and coasts.
➢ Conduct military operations against enemy forces.

However, these rights are not unlimited, and belligerents must still comply with the
obligations outlined above.

Regarding persons assumed with enemy character, the International Law of War
provides that they are entitled to certain protections, such as the right to humane
treatment and the right to a fair trial. However, if they engage in hostilities, they
may lose some of these protections and be subject to detention or other measures
by the belligerent state. The exact rules governing the treatment of persons
assumed with enemy character depend on the specific circumstances of the conflict
and the applicable international law.

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