Cameroon



1. Constitutional structure and position of IHL in domestic law

The Republic of Cameroon is a unitary State. The President is the head of State. The 1972 Constitution provided for a unicameral legislature. Law No. 96/06 of 18 January 1996, which amended the Constitution, provides for a bicameral system, with a Senate "to represent the regional and local authorities".

According to Article 43 of the ConstitutionDatabase 'IHL - National Implementation', View 'Implementing Laws & Regulations - by State', Document 'Constitution of the Republic of Cameroon, 1996 (extracts)', treaties and international agreements are negotiated and ratified by the President, subject to the authorization of Parliament when the subject matter falls within its competence. The competence of Parliament includes the fundamental rights of citizens, the definition of felonies and misdemeanours and the institution of penalties of all kinds, criminal procedure and amnesty (Article 26Database 'IHL - National Implementation', View 'Implementing Laws & Regulations - by State', Document 'Constitution of the Republic of Cameroon, 1996 (extracts)'). Ratification of or accession to a treaty becomes effective by presidential decree which is normally published in the Official Gazette of the Republic of Cameroon.

Article 45 of the Constitution states that duly approved or ratified treaties, following their publication, "override national laws, provided the other party implements the said treaty or agreement." Duly approved and ratified treaties are thus part of the domestic legal order and have priority over ordinary domestic laws. Some treaty provisions may be directly applicable without the need for further implementing legislation.

Cameroon became party to the Geneva Conventions on the date of its independence (1 January, 1960) pursuant to a declaration of succession received on 16 September 1963 by the depositary StateIHL - Treaties & Comments. Cameroon adhered to the 1977 Additional Protocols on 16 March 1984.


2. Legal advisers to the armed forces

The government departments responsible for administrative and statutory affairs (Direction des affaires administratives et réglementaires) and for military justice (Direction de la Justice militaire) are both in charge of legal matters, but international humanitarian law does not fall explicitly within their purview. Two persons were appointed at the national level to follow the issues relating to training in and implementation of international humanitarian law within the armed forces.

3. Bibliography

M. NGUELE ABADA, "Les enjeux pour le droit camerounais de la ratification du Statut de la Cour pénale internationale", National Seminar on Implementation of International Humanitarian Law in Cameroon, Yaounde, 22-23 March 2000, 17 pp.

P.-G. POUGOUE, "La répression des infractions au droit international humanitaire dans le code pénal camerounais", National Seminar on Implementation of International Humanitarian Law in Cameroon, Yaounde, 22-23 March 2000, 20 pp.

Full text of the Constitution: Constitution Cameroon - FR.pdf Constitution Cameroon - EN.pdf


See in particular:
Art. 5 (Head of State)
Art. 8 (Powers of the President of the Republic)
Art. 9 (Emergency powers)
Art. 26 (Subject matters of legislative power)
Art. 36 (Referendums)
Art. 43 (Negotiation and ratification of treaties; authorization of Parliament)
Art. 44 (Treaties, amendment of the Constitution)
Art. 45 (Supremacy of treaties over national law)
Art. 46 (Constitutional Council)
Art. 47 (Competence)
Art. 65 (Special provisions)