The classification of the violent situation in Mozambique between 2017 and December 2021

Abstract

The title of my mini-dissertation is, ‘The classification of the violent situation in Mozambique between 2017 and December 2022’. The conflict was classified by firstly examining the conflict in relation to Common Article 3 and thereafter Additional Protocol II. Chapter 2 firstly examined the organisational criterion as encapsulated in Common Article 3 in relation to the ongoing violent situation in Cabo Delgado and the violent group involved therein. The chapter concluded that the violent group in Mozambique (Al- Shabab) is sufficiently organised to constitute an armed group for purposes of Common Article 3. Chapter 3 turns to an examination of the intensity threshold prescribed by Common Article 3 and offered an examination thereof in relation to the violent situation in Mozambique. The ultimate conclusion of Chapter 3 was that the violent situation in Mozambique was sufficiently protracted. Thereby meaning that both the intensity and organisational threshold has been met by the violent situation in Cabo Delgado as to constitute a Common Article 3 type Non International Armed Conflict. In chapter 4, the dissertation shifted its focus to Additional Protocol II as to determine whether the ongoing Common Article 3 type Non International Armed Conflict in Cabo Delgado has developed to such an extent as to qualify as an Additional Protocol II type Non International Armed Conflict. In light thereof chapter 4 offered a two stage enquiry/examination into both the negative test and the positive test prescribed by Additional II after which it was concluded that the Common Article 3 type Non International Armed Conflict in Cabo Delgado does in fact constitute an Additional Protocol II type Non International Armed Conflict. The dissertation concludes in chapter 5 by offering a possible classification to the violent situation in Cabo Delgado, Mozambique.