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The Responsibility of armed opposition groups for Violations of International Humanitarian Law: Challenging the State-Centric System of International Law

The Responsibility of armed opposition groups for Violations of International Humanitarian Law:... Most of the present rules of international law regulate the behavior of States. Within States, however, there are other entities such as corporations, non–governmental organizations, individuals, international governmental organizations and armed opposition groups that are regulated by different national and international regimes. In this regard, non–State armed opposition groups present particular challenges to international law due to their dominant presence and participation in armed conflicts. Armed opposition groups are one of the most important actors in international humanitarian law today. Yet, taking into consideration that they a priori have certain international humanitarian obligations to fulfill, it remains unclear what the implications are when they, as a group, commit violations. Among these uncertainties, is that there is no formally recognized mechanism to attribute such breaches to the relevant non – state armed opposition group as such. In fact, unlike States, they have no organs. Similarly, there is also no consensus on circumstance that could preclude the wrongfulness of these breaches for armed opposition groups. By challenging the State–centric system of public international law, this article analyses the possible application of certain rules contained in the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts (2001) to violations of international humanitarian law by armed opposition groups. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of International Humanitarian Legal Studies Brill

The Responsibility of armed opposition groups for Violations of International Humanitarian Law: Challenging the State-Centric System of International Law

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Publisher
Brill
Copyright
© 2014 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1878-1373
eISSN
1878-1527
DOI
10.1163/18781527-00401003
Publisher site
See Article on Publisher Site

Abstract

Most of the present rules of international law regulate the behavior of States. Within States, however, there are other entities such as corporations, non–governmental organizations, individuals, international governmental organizations and armed opposition groups that are regulated by different national and international regimes. In this regard, non–State armed opposition groups present particular challenges to international law due to their dominant presence and participation in armed conflicts. Armed opposition groups are one of the most important actors in international humanitarian law today. Yet, taking into consideration that they a priori have certain international humanitarian obligations to fulfill, it remains unclear what the implications are when they, as a group, commit violations. Among these uncertainties, is that there is no formally recognized mechanism to attribute such breaches to the relevant non – state armed opposition group as such. In fact, unlike States, they have no organs. Similarly, there is also no consensus on circumstance that could preclude the wrongfulness of these breaches for armed opposition groups. By challenging the State–centric system of public international law, this article analyses the possible application of certain rules contained in the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts (2001) to violations of international humanitarian law by armed opposition groups.

Journal

Journal of International Humanitarian Legal Studies – Brill

Published: Sep 24, 2013

Keywords: Non–State actors; armed opposition groups; international responsibility; state–centric system; public international law; International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts (2001)

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