Towards a Regime of Responsibility of Armed Groups in International Law


Book Description

"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




International Law and the Classification of Conflicts


Book Description

This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.




State Responsibility for Support of Armed Groups in the Commission of International Crimes


Book Description

State Responsibility for the Support of Armed Groups in the Commission of International Crimes makes a case for the liberalisation of the tests of attribution of conduct of individuals to states under the rules of state responsibility in international law.




Organizing Rebellion


Book Description

The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of today's armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenh user's text will be essential to academics and practitioners alike.




State Renaissance for Peace


Book Description

After 1989, the function of transitional governance changed. It became a process whereby transitional authorities introduce a constitutional transformation on the basis of interim laws. In spite of its domestic nature, it also became an international project and one with formidable ambitions: ending war, conflict or crisis by reconfiguring the state order. This model attracted international attention, from the UN Security Council and several regional organisations, and became a playing field of choice in international politics and diplomacy. Also without recourse to armed force, international actors could impact a state apparatus – through state renaissance. This book zooms in on the non-forcible aspects of conflict-related transitional governance while focusing on the transition itself. This study shows that neither transitional actors nor external actors must respect specific rules when realising or contributing to state renaissance. The legal limits to indirectly provoking regime change are also being unveiled.




Human Rights in Armed Conflict


Book Description

A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.




An Introduction to the International Law of Armed Conflicts


Book Description

This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.




Negotiating Survival


Book Description

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.




The Handbook of International Humanitarian Law


Book Description

The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.




Customary International Humanitarian Law


Book Description

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.