ISBN : 9780198808381
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 issues 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-a-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.
Part I: INTRODUCTION
2 Added Value of Application of International Human Rights Law to Armed Groups
Part II: LEGAL PERSONALITY OF ARMED GROUPS UNDER HUMAN RIGHTS LAW
3 Evaluative framework: legal personality under international law
4 The law on belligerency and insurgency and international legal personality
5 International humanitarian law and international legal personality
6 International legal personality of armed groups under human rights law
PART III: HOW AND WHEN ARE ARMED GROUPS BOUND BY HUMAN RIGHTS LAW?
7 How are armed groups bound by international humanitarian law?
8 Armed groups and treaty law
9 Control of territory and human rights obligations of armed groups
10 Armed groups and crimes against humanity
11 Armed groups and customary international human rights law
PART IV: CONCLUSIONS