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The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.

This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.

The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.

This book explores the human rights obligations of armed non-state actors in non-international armed conflicts. This book seriously challenges the State-centric view of human rights by breaking the traditional perception of international human rights regime that applies only to State actors. It shows the necessity in considering the capacity of de facto regimes of armed non-state actors to incur human rights obligations in order to protect individuals and groups, and regulate their daily lives in the controlled areas of these armed non-state actors. Further, this book proves the capacity of armed non-state actors for violating human rights, as well as bearing human rights obligations in non-international armed conflicts. The degree of human rights obligations of armed non-state actors, especially regarding civil and political rights, as well as obligations towards some vulnerable groups, has been confirmed in this book. Nevertheless, it is very difficult to impose human rights obligations on armed nonstate actors without relying on other international norms, such as international humanitarian law and international criminal law in non-international armed conflicts, since these bodies of law give more detailed provisions to regulate the specific issue. In addition, the success of the fulfilment of obligations in international norms by armed non-state actors mostly depends on their capacity, willingness and intentions, including the ideology of a specific group. [Subject: Human Rights Law]

The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of today's armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenh user's text will be essential to academics and practitioners alike.

The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law – neo-positivism, the policy-oriented approach and transnational law – are covered at the beginning of the book, and the essential political science perspectives – on non-state actors' role in international politics and globalisation, as well as their soft power – are presented at the end.

The central question of this pioneer work on the responsibility of non-state actors (NSAs) and the consequences thereof, is: To whom are such actors, in particular armed opposition groups and business corporations, accountable for their actions in armed conflict and in peace times? Does responsibility in international law apply to these NSAs qua groups? While much has been written about NSAs’ rights and participation in the global theatre as well as the responsibility of the state and international organisations for wrongful acts by NSAs, scant attention has been paid to questions of NSA organizational responsibility, in spite of their potential to wreak international havoc. This volume offers innovative insights into this unexplored territory by analyzing responsibility questions from both theoretical and empirical perspectives.

Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances. The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.

Addressing the reality that non-state actors do violate human rights in practice, which cannot be overlooked, author Nicolas Carrillo-Santarelli argues that the foundations and main principles of international human rights law call for the regulation of direct non-state obligations and responsibilities, given the potential failure of domestic actions and the limits of voluntary strategies. In part I, the author presents his ideas on why non-state abuses should be regarded as human rights violations and wrongful acts. Part II studies why direct protection from non-state violations is possible, and what legal mechanisms and institutions permit to make it effective. The final Chapter turns to the examination of the mechanisms that can be used to respond to or prevent non-state violations of human rights law. This book is based on the idea that the protagonists of human rights law are individuals, who deserve protection from all abusers, be they States, armed groups, international organizations, or other actors. Revised Dissertation. [Subject: Human Rights Law, International Law]