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The Accountability of Armed Groups under Human Rights Law (Hardcover)
Loot Price: R3,503
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The Accountability of Armed Groups under Human Rights Law (Hardcover)
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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 points 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.
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