Armed Groups and International Law
In the Shadowland of Legality and Illegality
Samenvatting
Through its careful consideration of the status of armed groups within a complex legal landscape, this insightful book identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical.
Armed Groups and International Law provides essential peer-reviewed analyses of the place of armed groups in the legal framework. A collaborative effort between eminent scholars from different disciplines, it summarises various points of contention within the study of these armed actors, detailing examples that are highly relevant to the contemporary world, such as Afghanistan and Syria.
Addressing law-making, rebel governance and accountability, this illuminating book will be of great benefit to students of international humanitarian law, human rights law, international criminal law, and public international law seeking to expand their understanding of the treatment of armed groups within the international legal system. It will also serve as a useful resource for practitioners working in the area of civilian protection and academics conducting research on armed conflict from a variety of disciplines.
Specificaties
Inhoudsopgave
Acknowledgments xiv
Introduction: An exploration of the shadowland of armed groups and international law 1
Katharine Fortin and Ezequiel Heffes
1 Violence as redress: Armed groups, the right to rebellion and the resort to force for gross violations of human rights 15
Luke Moffett
2 The politics of armed non-state groups and the codification of international humanitarian law 43
Giovanni Mantilla
3 ‘The right to participate in hostilities’: combatant privilege vs criminal responsibility for members of organised armed groups during international and domestic criminal trials 64
Rogier Bartels
4 Proscription and group membership in counter-terrorism and armed conflict: Areas of tensions between criminal law and international humanitarian law 91
Ilya Sobol and Gloria Gaggioli
5 Shadowland strategy: How non-state armed actors navigate between national laws and international law 120
Hyeran Jo and Niels H. Appeldorn
6 Exploring the civilian and political institutions of armed non-state actors under IHL in an age of rebel governance 140
Katharine Fortin
7 Rebel rulers and rules for rebels: Rebel governance and international law 167
Alessandra Spadaro
8 From law-taking to law-making and law-adapting: Exploring non-state armed groups’ normative efforts 191
Ezequiel Heffes
9 The provision of healthcare by Islamist armed groups: Between sharia and international law 212
Marta Furlan
10 De facto justice: Prosecution by non-state actors in armed conflict 237
Helen Duffy
11 ‘Equals, but not Equals’: The paradox of amnesties and armed groups in non-international armed conflict 270
Annyssa Bellal
12 A matter of life and death: The impact of power-sharing on the legal position of armed groups 288
Daniëlla Dam-de Jong
Index
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