Armed Groups and International Law

In the Shadowland of Legality and Illegality

Inbunden, Engelska, 2023

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Beskrivning

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.

Produktinformation

Utgivningsdatum:2023-09-26
Mått:156 x 234 x undefined mm
Format:Inbunden
Språk:Engelska
Förlag:Edward Elgar Publishing Ltd
ISBN:9781800888333

Utforska kategorier

Folkrätt inom Juridik

Mer om författaren

Edited by Katharine Fortin, Associate Professor, Netherlands Institute of Human Rights, University of Utrecht, the Netherlands and Ezequiel Heffes, Director, Watchlist on Children and Armed Conflict, New York City, US

Recensioner i media

‘This work provides important new insights into how armed groups navigate – and are being navigated by – international and domestic law and other norms. It sheds light on a vast array of thus far underexplored conundrums and intricacies that result from their existence. It is highly recommended to anyone in search of a deeper understanding of the legal implications of the reality of armed groups.’

Innehållsförteckning

Contents:Foreword xAcknowledgments xivIntroduction: An exploration of the shadowland of armed groupsand international law 1Katharine Fortin and Ezequiel Heffes1 Violence as redress: Armed groups, the right to rebellionand the resort to force for gross violations of human rights 15Luke Moffett2 The politics of armed non-state groups and thecodification of international humanitarian law 43Giovanni Mantilla3 ‘The right to participate in hostilities’: combatant privilegevs criminal responsibility for members of organised armedgroups during international and domestic criminal trials 64Rogier Bartels4 Proscription and group membership in counter-terrorismand armed conflict: Areas of tensions between criminallaw and international humanitarian law 91Ilya Sobol and Gloria Gaggioli5 Shadowland strategy: How non-state armed actorsnavigate between national laws and international law 120Hyeran Jo and Niels H. Appeldorn6 Exploring the civilian and political institutions of armednon-state actors under IHL in an age of rebel governance 140Katharine Fortin7 Rebel rulers and rules for rebels: Rebel governance andinternational law 167Alessandra Spadaro8 From law-taking to law-making and law-adapting:Exploring non-state armed groups’ normative efforts 191Ezequiel Heffes9 The provision of healthcare by Islamist armed groups:Between sharia and international law 212Marta Furlan10 De facto justice: Prosecution by non-state actors in armed conflict 237Helen Duffy11 ‘Equals, but not Equals’: The paradox of amnesties andarmed groups in non-international armed conflict 270Annyssa Bellal12 A matter of life and death: The impact of power-sharingon the legal position of armed groups 288Daniëlla Dam-de JongIndex