Launch of external report on the classification of the situation in Papua under IHL

Last week the IHL Centre was pleased to host the launch of an external report on the situation of armed violence in Papua, prepared by Dr Budi Hernawan, Tommy Albert Tobing and Hans Giovani and their partner institutions.

The key objective of the launch was to highlight the humanitarian crisis in Papua where more than 100,000 people are internally displaced. Schools, churches and health facilities have been damaged, occupied or abandoned, and access for impartial humanitarian organisations remains severely restricted. Children, women, the elderly and remote indigenous communities carry most of the cost.

Much of the panel discussion focused on the difficulty of classifying a non-international armed conflict (NIAC) where the parties are so unevenly matched and the intensity of fighting is comparatively low. Dr Stuart Casey-Maslen of the Geneva Academy, who leads its War Watch programme (formerly RULAC) classifying situations of armed violence, set out his reservations about whether the intensity threshold has been met. He noted that the record shows relatively few armed clashes; that displacement, to count toward intensity, needs to be connected to specific military operations; and that a more carefully documented evidentiary base would strengthen the analysis.

The authors welcomed the feedback and drew out the parts of the record that support classification: the magnitude and duration of the government's military response, the use of military-grade weaponry, the six-decade history of the conflict, and the capacity of the TPNPB (West Papua National Liberation Army) to sustain organised operations over several years. If the situation in Papua meets the threshold for a NIAC, IHL obligations apply to all parties. Even if it does not, the same conduct, including allegations of unlawful killings, arbitrary detention, hostage-taking and attacks on civilian objects, would violate international human rights law and Indonesian domestic law.

The English-language version of the report is due for release shortly. Its central aim is to bring attention to the escalating violence and the resulting humanitarian crisis in Papua. Critically, the report sets out recommendations for fulfilling the rights of displaced persons, facilitating the delivery of humanitarian aid, and working towards peaceful settlement.

For any questions please contact info@ihlcentre.org.