Author : Ezequiel Heffes
Publisher : Cambridge University Press
Page : 313 pages
File Size : 43,44 MB
Release : 2022-02-17
Category : Law
ISBN : 1108495664
Explores how international law deals with detention conducted by non-State armed groups and the motivations behind these practices.
Author : Katharine Fortin
Publisher : Oxford University Press
Page : 465 pages
File Size : 17,55 MB
Release : 2017-08-11
Category : Law
ISBN : 0192536060
Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.
Author : Anthony Vinci
Publisher : Routledge
Page : 178 pages
File Size : 45,29 MB
Release : 2008-09-09
Category : History
ISBN : 1134036655
This new book provides a framework for understanding the international relations of armed groups, including terrorist organizations, insurgencies and warlords, which play an increasingly important role in the international system. Specifically, the book argues that such groups can be understood as taking part in the balance of power with states and other armed groups, as they are empirically sovereign non-state actors that are motivated by the pursuit of power and exist as part of an anarchic, self-help system. This radically new approach offers a renewed conceptualization of Neorealism, and provides new insights into debates about sovereignty, non-state actors, new wars, counterterrorism, and counterinsurgency. The approach is illustrated through case studies on Somali warlords, the security complex between the Lord’s Resistance Army (LRA), Sudanese People’s Liberation Army (SPLA), Sudan and Uganda, as well as Al Qaeda. The book provides insights into such issues as how non-state actors can be integrated into structural theories of international relations, and also offers pragmatic methodologies for the foreign policy or military practitioner, such as how to best deter terrorists.
Author : Daragh Murray
Publisher : Bloomsbury Publishing
Page : 346 pages
File Size : 27,95 MB
Release : 2016-05-05
Category : Law
ISBN : 1509901655
This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
Author : Mats Berdal
Publisher : Routledge
Page : 458 pages
File Size : 16,40 MB
Release : 2009-04-07
Category : History
ISBN : 1134023138
This book looks at the political reintegration of armed groups after civil wars and the challenges of transforming ‘rebel’, ‘insurgent’ or other non-state armed groups into viable political entities. Drawing on eight case studies, the definition of ‘armed groups’ here ranges from militias, paramilitary forces, police units of various kinds to intelligence outfits. Likewise, the definition of ‘political integration’ or ‘re-integration’ has not been restricted to the formation of political parties, but is understood broadly as active participation in politics, policy-making or public debate through parties, newspapers, social organisations, think-tanks, NGOs or public service. The book seeks to locate or contextualise individual cases within their distinctive social, cultural and historical settings. As such it differs from much of the donor-driven literature that has tended to abstract the challenge of disarmament, demobilisation and reintegration (DDR) from their political and historical context, focusing instead on technical or bureaucratic issues raised by the DDR process. Among the issues covered by the volume as a whole, three stand out: first, the role of political settlements in creating legitimate opportunities for erstwhile leaders of armed factions; second, the ability of reintegration programmes to create genuine socio-economic opportunities that can absorb former fighters as functional members of their communities; and third, the processes involved in transforming an entire rebel movement into a viable political party, movement or, more generally, allowing it to participate in political life. This book will be of great interest to students of security and development, peace and conflict studies, and IR in general, as well as practitioners and policymakers. Mats Berdal is Professor of Security and Development in the Department of War Studies at King’s College London. From 2000 to 2003 he was Director of Studies at the International Institute for Strategic Studies (IISS) in London. Mats Berdal is a Visiting Professor at the National Defence and Command College, Oslo. David Ucko is the Programme Coordinator & Research Fellow for the Conflict, Security & Development Research Group, King's College London.
Author : Ashley Jackson
Publisher : Oxford University Press
Page : pages
File Size : 34,83 MB
Release : 2021-12-01
Category : History
ISBN : 0197644147
Two decades on from 9/11, the Taliban now control more than half of Afghanistan. Few would have foreseen such an outcome, and there is little understanding of how Afghans living in Taliban territory have navigated life under insurgent rule. Based on over 400 interviews with Taliban and civilians, this book tells the story of how civilians have not only bargained with the Taliban for their survival, but also ultimately influenced the course of the war in Afghanistan. While the Taliban have the power of violence on their side, they nonetheless need civilians to comply with their authority. Both strategically and by necessity, civilians have leveraged this reliance on their obedience in order to influence Taliban behaviour. Challenging prevailing beliefs about civilians in wartime, Negotiating Survival presents a new model for understanding how civilian agency can shape the conduct of insurgencies. It also provides timely insights into Taliban strategy and objectives, explaining how the organisation has so nearly triumphed on the battlefield and in peace talks. While Afghanistan's future is deeply unpredictable, there is one certainty: it is as critical as ever to understand the Taliban--and how civilians survive their rule.
Author : Vera Mironova
Publisher : Causes and Consequences of Ter
Page : 345 pages
File Size : 35,18 MB
Release : 2019
Category : History
ISBN : 0190939753
At the start of the Syrian conflict in 2011, thousands of pro-democracy rebel groups spontaneously formed to fight the Assad regime. Years later, the revolution was unrecognizable as rebel opposition forces had merged into three major groups: Jabhat al-Nusra, Ahrar al Sham, and the Islamic State in Iraq and Syria (ISIS). Why did these three groups rapidly increase in size and military strength while others simply disappeared? What is it about their organizational structure and their Islamist ideology that helped group manage their fighters so successfully? With these questions at the forefront, this book examines the internal organization of armed groups and, in particular, their human resources. Analyzing the growth of these groups through the prism of a labor market theory, this book shows that extreme Islamist groups were able to attract fighters away from more moderate groups because they had better internal organization, took better care of fighters both physically and monetarily, experienced less internal corruption, and effectively used their Islamist ideology to control recruits. With unparalleled access and extensive ethnographic research drawn from her interviews and her year embedded with Iraqi Special Operation forces, Mironova delves deep into the ideological and practical nexus of some of the most radical groups in the Middle East. This book brings together more than 600 survey-interviews with local civilians and fighters on the frontline in Syria and a dataset of human resource policies from 40 armed groups; it is an invaluable resource for anyone who wants insight into the on the ground functioning of rebel organizations.
Author : Benjamin Perrin
Publisher : UBC Press
Page : 422 pages
File Size : 29,21 MB
Release : 2012
Category : History
ISBN : 0774822325
To bridge the widening gap between the theory and practice of the law, Modern Warfare brings together both scholars and practitioners who offer unique, and often divergent, perspectives on four key challenges to the law's legitimacy: how to ensure compliance among non-state armed groups; the proliferation of private military and security companies and their use by humanitarian organizations; tensions between the idea of humanitarian space and counterinsurgency doctrines; and the phenomenon of urban violence. The contributors do not simply consider settled legal standards - they widen the scope to include first principles, related bodies of law, humanitarian policy, and the latest studies on the prevention and mitigation of violence."--Pub. desc.
Author : Laura Íñigo Alvarez
Publisher : Human Rights Research Series
Page : 247 pages
File Size : 27,53 MB
Release : 2020-07-02
Category : Government liability (International law)
ISBN : 9781839700040
"Armed groups have played a predominant role in the violations of international humanitarian law and international human rights law committed in conflict settings. The increase in the number of non-international armed conflicts during the past decades has emphasised the need to address the multiple legal challenges posed by the actions of armed groups. In particular, there is considerable uncertainty regarding the framework of responsibility for armed groups in international law. While much has been written regarding their international (primary) obligations, the possibility of developing a responsibility framework for armed groups under international law has been underexplored. Consequently, the aim of this book is to examine how the principles of international responsibility could be developed and adjusted to account for armed groups as collective entities.00This general aim has been divided into three specific objectives. First, the book analyses the concept of responsibility in international law and assesses the legal and practical reasons in favour of developing such a regime for armed groups. Second, it examines the viability of establishing a responsibility regime for armed groups based on rules of attribution. Third, it explores the possible legal consequences of responsibility applicable to armed groups, with a particular focus on the obligation to provide reparations to victims. In doing so, this book will argue that certain non-traditional sources of international law could be used to interpret and adapt international law to the current conditions of contemporary armed conflict." - Resumen del editor
Author : Peter G. Thompson
Publisher : Rowman & Littlefield
Page : 293 pages
File Size : 47,92 MB
Release : 2023-08-02
Category : Political Science
ISBN : 1538168650
Armed Groups is the most comprehensive text to provide a framework for categorizing the key actors that pose a threat to today’s security arena—terrorists, mercenaries, insurgents, militias, and transnational criminal organizations—and analyzing their characteristics to provide a thorough overview. Drawing on case studies, histories, and a rich, yet underexplored theoretical literature, this study presents students with the tools to methodically examine these often overlooked, but key drivers of violence in the international system. Additionally, globalization, the privatization of force, and the return of great power competition have altered the security landscape and enhanced armed group threats. These forces have also led to an increasing overlap between conflict and crime, and a growth in the state use of armed group proxies. Coming to terms with armed groups—their objectives, strategies, internal composition, and the environment that fosters them—remains a critical task for practitioners, scholars, and policy makers alike in understanding the changing nature of war. This second edition, updated throughout, includes new material on the importance of private military companies, the shift to sub-Saharan Africa as an important center of conflict, the return of great power politics, the increased use of social media and advanced technology, and the increasingly criminalized nature of armed groups. ,
