scholarly journals The Accountability of Armed Groups under Human Rights Law

2017 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
International Criminal Law ◽  
Added Value ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
Legal Personality ◽  
New Perspective

Although the practice of holding armed groups to account under human rights law remains controversial and under-theorized as a matter of law, statements from Commissions of Inquiry and United Nations Special Rapporteurs holding armed groups to account under this body of law are relatively commonplace. Motivated by this contradiction, this study aims to clarify when and how armed groups are bound by human rights law. It brings several key issues of clarification to the legal framework. The first part of the book presents a new perspective on the role that human rights law plays in the legal framework that applies to non-international armed conflict. In particular, the study investigates the normative added value that human rights law can bring vis-à-vis international humanitarian law. The second part of the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. Combining historical and comparative research with theoretical analysis on international legal personality, the research demonstrates what the legal frameworks of belligerency, insurgency, and international humanitarian law can tell us about when and how such groups may be bound by human rights law. The third part of the book tests and investigates the four most utilized theories of how armed groups are bound by human rights law, examining (i) treaty law, (ii) control of territory, (iii) international criminal law, and (iv) customary international law. The book’s conclusions are drawn together thematically and contain important practical recommendations for practitioners in this field.

Conclusions

2017 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
Human Rights ◽  
Added Value ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
Legal Personality ◽  
Practical Recommendations ◽  
Is Value

Chapter 12 contains the conclusions of the study. It brings together arguments from previous chapters showing how they interact to explain how and when armed groups can most legitimately be held bound by human rights law. In doing so, it draws conclusions on the added value of human rights law vis-à-vis international humanitarian law and the legal personality of armed groups under international human rights law. The chapter also contains practical recommendations for accountability mechanisms on how best they can develop a future jurisprudence on the topic. In its concluding remarks, it puts forward the view that there is value in pursuing parallel accountability processes (e.g. Geneva Call), in efforts to secure the accountability of armed groups under international law.

Introduction

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
General Introduction ◽  
Legal Personality ◽  
Key Terms ◽  
International Legal Personality

The general introduction sets the scene for the legal issues addressed in this book by presenting their relevance in most recent conflicts and other situations of violence, including in Syria, Iraq, Libya, Ukraine, the Central African Republic, and Kenya. It also introduces the legal framework the book sets out to examine, notably international humanitarian law, human rights law, and international criminal law. The introductory chapter further presents the book’s methodology, introduces its structure, and explains key terms and concepts. These include, in particular, the terms ‘non-state armed group’, ‘international legal personality’, and ‘degree of organization’, which are especially relevant throughout the book.

The International Legal Status of Armed Groups: Can One Be Determined Outside the Scope of Armed Conflict?

2018 ◽  
Vol 51 (2) ◽  
pp. 321-335 ◽  
Author(s):  
Tom Gal
Keyword(s):  
Armed Conflict ◽  
Legal Status ◽  
International Criminal ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Armed Groups ◽  
Legal Personality ◽  
International Legal Personality

In 2016 Daragh Murray published his book Human Rights Obligations of Non-State Armed Groups (Hart 2016). By way of distinction from many other contributions on this widely discussed topic, Murray tries to provide the reader with a complete overview of the legal framework that enables armed groups to acquire international legal status, and preferably outside the framework of armed conflict. He walks the reader through the path of international legal personality, leading towards the acknowledgement of armed groups as addressees of the law. Murray's attempt is courageous, interesting and innovative, but it has its shortcomings. These include his reliance on international criminal law as a source for defining armed groups, and his insistence on stepping outside international humanitarian law. Nonetheless, his contribution is essential for those who wish to include even more armed groups on the international plane.

International Legal Personality of Armed Groups under Human Rights Law

2017 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
Human Rights ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
Legal Personality ◽  
Threshold Test ◽  
International Legal Personality

This final chapter of Part II of the book draws together the conclusions of the previous two chapters to develop conclusions about the circumstances in which armed groups can acquire legal personality under human rights law. Examining these conclusions, the chapter argues that there is a need for a threshold test to be met before international human rights law can be applied. It argues that this threshold test should include an ‘organization’ component and an ‘international’ requirement. Drawing upon the conclusions in Chapter 2 on the normative value of human rights law versus international humanitarian law, the chapter ends by considering how an armed group’s control of territory may be relevant to such a threshold test.

scholarly journals Liar's war: Protecting civilians from disinformation during armed conflict

2021 ◽  
pp. 1-24
Author(s):  
Eian Katz
Keyword(s):  
Armed Conflict ◽  
Legal Framework ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Human Needs ◽  
Traditional Classification

Abstract Disinformation in armed conflict may pose several distinctive forms of harm to civilians: exposure to retaliatory violence, distortion of information vital to securing human needs, and severe mental suffering. The gravity of these harms, along with the modern nature of wartime disinformation, is out of keeping with the traditional classification of disinformation in international humanitarian law (IHL) as a permissible ruse of war. A patchwork set of protections drawn from IHL, international human rights law and international criminal law may be used to limit disinformation operations during armed conflict, but numerous gaps and ambiguities undermine the force of this legal framework, calling for further scholarly attention and clarification.

scholarly journals Prolonged occupation: An analysis of obligations of the occupying powers in an occupied territory and contemporary challenges

2021 ◽  
Vol 2 (1) ◽  
pp. 24-37
Author(s):  
Sardar M. A. W. K. Arif
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Legal Aspects ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Occupied Territory ◽  
The Subject

The International Law of Occupation (ILOC) regulates all kinds of occupation. However, the other bodies of law, such as, International Humanitarian Law (IHL) and International Human Rights Law (IHRL) also apply in times of occupation. These bodies of law create obligations especially on states and in particular, on the occupying powers. The presumption is that occupations are temporary in nature but why prolonged occupations? In this context, this article focuses on legal aspects of belligerent prolonged occupation. It evaluates the international legal framework and sources of belligerent prolonged occupation. While protection of civilians is central to the bulk of texts of international treaties and the occupiers have obligations, it investigates into obligations of the occupying powers in occupied territory by analysing the existing legal framework under IHL and IHRL. Further, it also discusses the provisions of ILOC. The argument developed throughout this article is that the occupying powers are under humanitarian and human rights obligations to guarantee the best possible protection of rights of occupied people in the case of prolonged occupation in particular and adding on that IHL and IHRL apply in complementarity in situations of prolonged occupation. For the purpose of this article, qualitative method is followed, and existing literature on the subject has been analysed. 

scholarly journals International Human rights law in an armed conflict: Legal perspectives on obligations of States and Extraterritoriality

2018 ◽  
Vol 6 (1) ◽  
pp. 44-58
Author(s):  
Sardar M. A. Waqar Khan Arif
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law

Human rights are available to everyone on the basis of humanity. Universality, non-discrimination, equality and inalienability are core principles governing International Human rights Law (IHRL). The law governing armed conflict or war is known as International humanitarian Law (IHL). In the case of armed conflict, IHRL poses certain obligations on states along with humanitarian obligations. In this context, this article identifies the international human rights obligations of States in armed conflict. It argues that States must respect, promote, protect and fulfill human rights obligations of individuals, in the case of armed conflict, with increasing and serious concern, by analyzing the applicable legal framework under IHRL. It also addresses the extraterritorial application of IHRL and its limitations and derogations in armed conflict. Further, it discusses contemporary challenges for States in jurisdictional applicability and implementation of IHRL. To that extent, the argument developed throughout this article is that States have obligations under IHRL, irrespective of humanitarian obligations, not only in peace situations but also in the case of war or armed conflict.

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