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Findings and recommendations - Investigations into violations of International Humanitarian Law in the Context of Attacks and Clashes Between the Communist Party of Nepal (Maoist) and Government Security Forces
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Following a decision by the Communist Party of Nepal (Maoist) (CPN-M) to discontinue their unilateral ceasefire on 2 January 2006, there have been dozens of reports of alleged violations of international humanitarian law (IHL) by both parties to the conflict. These allegations have been received
in the context of attacks by the PLA, the armed wing of the CPN-M, on HMG security forces in urban, highly populated areas and on government buildings with civilian status, as well as during security forces attacks on PLA forces and clashes between the two sides.
In February 2006, the conflict reached its tenth year. After two previous ceasefire periods, in 2001 and 2003, there were sharp increases in the number of human rights violations, including violations of IHL. This was particularly so after November 2001 when the Royal Nepalese Army (RNA) was deployed. From November 2002, the Nepal Police (NP) and the Armed Police Force (APF) were placed under the “unified command” of the RNA for counter-insurgency operations. Following the ending of the unilateral ceasefire on 2 January 2006, the High Commissioner for Human Rights appealed publicly to both parties to the conflict not to repeat the gross violations of IHL and human rights perpetrated during previous phases of the conflict. This report summarizes the findings of OHCHR field investigations into alleged violations of IHL which occurred in the context of 13 military operations or clashes in different parts of the country between the end of the ceasefire and early March 2006. It does not include an analysis of other types of IHL violations, for example those which occurred in the context of the elections.The incidents highlighted in this report have been included as emblematic cases, as examples of wider patterns of violations of IHL by both sides. The report consists of an analysis of the findings of OHCHR’s investigations and relevant IHL provisions,followed by details of the cases investigated and recommendations to the parties to the conflict.
OHCHR’s investigations focused on the following incidents:
Central Region
• PLA attack on Thankot VDC police station (Kathmandu District) on 14 January 2006;
• Clashes between an RNA patrol and PLA forces at Phaparbari VDC (Makwanpur District) on 21
January 2006;
• PLA attack against the Pashupatinagar Unified Command post at Hetauda, DHQ (Makwanpur
District) on 6 February 2006;
• PLA attack and clashes in Panauti Municipality(Kavre District) on 6 February 2006;
• PLA attack on an RNA post in the Bhangzyang area (Kavre District) on 27 February 2006.
#ViolationsOfInternationalHumanitarianLaw #Conflict #InvestigationByOHCHR

Publisher:
OHCHR ,   (2006 )
Type / Script:
Progress Report in English
Keywords:
HUMAN RIGHTS, VIOLATIONS OF INTERNAIONAL HUMANITARIAN LAW, CRIMES AGAINST HUMANITY, DESTRUCTION OF PROPERTY, HUMAN RIGHTS VIOLATIONS, WAR CRIMES
Thematic Group:
 UNOHCHR : UN High Commissioner for Human Rights
Thesaurus:
14.02.02  -  Human Rights
Reference Link:
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