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Books > Law > International law > Public international law > International human rights law
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Human Rights Obligations of Non-State Armed Groups (Paperback)
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Human Rights Obligations of Non-State Armed Groups (Paperback)
Series: Studies in International Law
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This book is concerned with the international regulation of
non-state armed groups. Specifically, it examines the possibility
of subjecting armed groups to international human rights law
obligations. First addressed is the means by which armed groups may
be bound by international law. Of particular interest is the de
facto control theory and the possibility that international law may
be applied in the absence of direct treaty regulation. Application
of this theory is dependent upon an armed group's establishment of
an independent existence, as demonstrated by the displacement of
state authority. This means that armed groups are treated as a
vertical authority, thereby maintaining the established hierarchy
of international regulation. At issue therefore is not a radical
approach to the regulation of non-state actors, but rather a
modification of the traditional means of application in response to
the reality of the situation. The attribution of international
human rights law obligations to armed groups is then addressed in
light of potential ratione personae restrictions. International
human rights law treaties are interpreted in light of the
contemporary international context, on the basis that an
international instrument has to be applied within the framework of
the entire legal system prevailing at the time of interpretation.
Armed groups' status as vertical authorities facilitates the
vertical application of international human rights law in a manner
consistent with both the object and purpose of the law and its
foundation in human dignity. Finally, if international human rights
law is to be applied to armed groups, its application must be
effective in practice. A context-dependent division of
responsibility between the territorial state and the armed group is
proposed. The respect, protect, fulfil framework is adapted to
facilitate the application of human rights obligations in a manner
consistent with the control exerted by both the state and the armed
group. ''Daragh Murray's book analyses the practical and
theoretical difficulties associated with the topic of the
international human rights obligations of non-state armed groups by
considering the latest developments in this field and suggesting
ways forward. His proposals are realistic and carefully argued;
this book should be essential reading for anyone grappling with
this subject.'' Andrew Clapham, Professor of International Law at
the Graduate Institute of International and Development Studies.
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