International humanitarian law and the challenges of. Preventing violations against children and providing reintegration support to those affected should be a priority for the. This article approaches this debate in light of the application of international humanitarian law to nonstate armed groups. While most contemporary armed conflicts are non international, the application of international humanitarian law ihl to nonstate armed groups nsags, the mechanisms for holding them accountable for violations, and international engagement with them to promote humanitarian protection of civilians remain underdeveloped. The law of non international armed conflicts does not recognize either the status of combatants to members of nonstate armed groups, or the rights attached to it, i. This chapter explores the relationship between international human rights law and international humanitarian law in the targeting of members of armed groups in non international armed conflicts. Ihl and humanitarian assistance involving nonstate armed. Since the mid1990s, ihl has expanded its coverage of non international armed conflicts. Unique in examining international humanitarian law, international human rights law, and international criminal law. The increased presence and activity of nonstate armed groups nsags in conflicts worldwide is, however, complicating and hindering the effective implementation of this basic aspect of international humanitarian law ihl and humanitarian action.
Their number and diversity have proliferated in recent decades, presenting new challenges for humanitarian protection and engagement by the international community. This chapter will cover international humanitarian law ihl, the binding rules and customs that govern armed conflict between nations, civil war combatants, and conflicts among states and nonstate belligerents. Transnational armed groups and international humanitarian law. The imposition of duties on nonstate armed groups at the international leval is less straightforward, however. International humanitarian law ihl protects persons and property affected by armed conflicts. The absence to date of a structured approach to humanitarian negotiations with armed groups resulted in these interactions having been undertaken in an ad hoc manner, sometimes with less than optimal outcomes. Allowing armed groups that are party to noninternational armed conflict the. International humanitarian law, nonstate armed groups and the international committee of the red cross in colombia. This chapter approaches the issue of nonstate armed groups ihl compliance with an. It examines the principal arguments against implicit detention authority and then applies the law of treaty interpretation to international. State armed group to a peace process while the splinter group continues to ght. The handbook of humanitarian law in armed conflicts, oxford university press, oxford, 1995, p. Because states view rebel groups as outlaw actors understandably so, as they directly threaten state interests, statess may resist calls to grant such groups any international legal.
Compliance with international humanitarian law by nonstate. Compliance with international humanitarian law by non. Nairobi 23 oct 26 oct 2018 analysing and understanding nonstate armed groups october. International humanitarian law ihl, also known as the law of war or law of armed conflict, is a body of law which regulates the conduct of combatants on the battlefield, protecting those who do not or are no longer taking part in hostilities and limiting the means and. Armed groups, sanctions and the implementation of international. To support these propositions this article will first illustrate the humanitarian concerns posed by nonstate armed groups gaining access to advanced technologies. In this, the difficulty of addressing nonstate armed groups has grown in salience and importance.
Pdf targeting members of nonstate armed groups in non. One violation of international humanitarian law ihl which is committed by nonstate armed groups is the use of antipersonnel mines ap mines or apms. While it is accepted that nsags are bound by ihl, how they actually view and interpret their international obligations has remained insufficiently explored. This article considers the question, mainly in the light of jus ad bellum and jus in bello. The most favoured argument posits that nonstate armed groups are bound by customary international law, which is. Internal armed conflicts are today the more common mode of warfare and a growing concern for the international community to address. Nonstate armed groups, international humanitarian law, and violence in western sahara orla marie buckleyt wars between sovereign states appear to be a phenomenon in distinct decline. The impact of armed conflict on children trends and developments 2017 at least 21,000 violations 1 have been verified in 2017 6,000 by government forces, 15,000 by nonstate armed groups, a large increase since 2016 15,500. Protection of civilians under international humanitarian. International humanitarian law and nonstate actors springerlink.
Indeed, nsags are active in the majority of contemporary armed conflicts at 19. This book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond states. The applicability of international humanitarian law to. Zealand defence force, interim law of armed conflict manual, 1992, pp. Chronology of cases and documents relating to past and contemporary conflicts. International humanitarian law distinguishes two types of armed conflicts, namely. Hardly any other weapon claims so many human lives. Compliance with international humanitarian law ihl by nonstate armed groups is a major challenge in todays armed conflicts. Analyses a wide variety of nonstate actors, including criminal gangs, transnational armed groups, local communities, and often overlooked cyber criminals. For that reason i am delighted to present this manual on humanitarian negotiations with armed. Participation of nonstate armed groups in the formation of customary international humanitarian law.
Engaging nonstate armed groups for humanitarian purposes. Detention by nonstate armed groups in noninternational armed. Various treaties have been drafted or revised to regulate states and armed groups party to such conflicts. A discussion of the erosion of civilian protections by nonstate armed groups in an asymmetric war and the subsequent humanitarian. International humanitarian law political science approach nonstate armed groups compliance. International humanitarian law ihl creates legal restrictions on waging warfare for the purpose of protecting nonparticipants. There are, however, a few provisions seeking to bind ansas qua groups in international humanitarian law treaties, even if some doubts persist as to how. Tragically, however, the lives of millions of people around the globe continue to be blighted by violence. Humanitarian action and nonstate armed groups cadmus eui.
General statements on international humanitarian law. International humanitarian law and nonstate actors. The term armed groups is not defined in treaty law. Customary international law has gone through a similar expansion roberts and sivakumaran, 2012. Human rights obligations of armed nonstate actors an exploration of the practice of the n human rights council 4 human rights abuses and violations of international humanitarian law by ansas. Transnational armed groups and international humanitarian. Nonstate armed groups nsags in non international armed conflicts can potentially protect or endanger civilians. It attempts to flesh out points of convergence between. It shows that, while armed groups essentially trigger the application of jus ad bellum, they are not themselves endowed with a right to peace. Detention by nonstate armed groups in noninternational. Nonstate armed groups raise the added problem that they may not be recognized, or be recognized only for the purposes of endorsing humanitarian obligations. Armed groups and international humanitarian law a study on parallel legal agreements, armed groups and compliance with international humanitarian law ida gjerdrum haugen master thesis in peace and conflict studies department of political science university of oslo november 10th 2011. Moreover, most of the fundamental rules pertaining to the protection of civilians are considered to be customary humanitarian law in both international and internal armed conflicts, and binding on all states, whether signatories or not to the relevant treaty, as well as nonstate armed groups.
While ihl aims to circumscribe certain behaviour in armed conflict, there will always be states, nonstate armed groups and individuals who will not be deterred. That nonstate armed groups nsags engage in hostilities on a frequent basis is not news. Enhancing civilian protection by engaging nonstate armed. Ihl, international human rights law and the question of.
Traditionally known jus in bello, the law of war, or law of armed conflict, the term. Improving respect for international humanitarian law by. International organizations, universities and even states will tend to favor international humanitarian law or humanitarian law, whereas the other two expressions are more commonly used by the armed forces. Today, it is authoritatively accepted that international humanitarian law treaties can bind nonstate armed groups. Nonetheless, the authors of an international law association report argue that at least two characteristics are found with respect to all armed conflicts whether of an international or non. They still maim and kill ordinary people every day.
Humanitarian operations for civilians under the effective control of nonstate armed groups nsags have in recent years faced an additional hurdle. What seems to have changed in the last few years is the increasing attention that the international community is paying to their behavior, largely due to the impact that they have on civilians. Nonstate armed groups in international humanitarian law. The status of nonstate armed groups in humanitarian law is greatly influenced by the legal and political asymmetry that exists between them and states.
Humanitarian engagement with nonstate armed groups. International humanitarian law, nonstate armed groups and. The application of international law to nonstate armed groups while nonstate armed groups have no independent international legal personality, several arguments justify the applicability of international humanitarian law to them. Nonstate armed groups and ihl the geneva academy of. If international humanitarian law does not apply to the authority to detain, then the question falls to be resolved by international human rights law. How international humanitarian law treaties bind nonstate. Dissertations program on international law and armed. Enhancing compliance with international law by armed non. Ewumbuemonono, respect for international humanitarian law by armed nonstate actors in africa, in irrc, vol. International humanitarian law, international human rights law and the question of right authority.
It is comprised of international treaties and customary law jus in bello is the body of legal norms that regulate the conduct of participants in armed conflict the international committee of the red cross icrc provides humanitarian protection of and assistance. The applicability and application of international humanitarian law to. It traces the evolution of international humanitarian law ihl, international human rights. This book identifies the degree of organization required from nonstate armed groups i to become party to an armed conflict and thereby bound by applicable international humanitarian law. Participation of nonstate armed groups in the formation. The expressions international humanitarian law, law of armed con. Part i identifies three principal criteria that any party to a non international. Ihl and nonstate armed groups how does law protect in. The applicability of ihl to conflicts involving multiple nonstate armed groups. Nonstate armed groups under international humanitarian law, humanrights law,andinternational criminallaw makesa keycontribution to the scholarship addressing modern situations of conflict and acute crisis. What is the position of nonstate armed groups in public international law, a system conceived for and by states. How is the term armed conflict defined in international. A non international armed conflict is taking place in somalia, involving different international actors the internationally recognized federal government of somalia fights against islamist insurgents, most prominently the armed group alshabaab, which has pledged allegiance to alqaeda the african union mission in somalia amisom is a peacekeeping operation supporting the somali government. Murray, human rights obligations of nonstate armed groups 120154 oxford.
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