Armed Groups and International Law

In the Shadowland of Legality and Illegality

Katharine Fortin, Ezequiel Heffes (Herausgeber)

Buch | Hardcover

340 Seiten

2023
Edward Elgar Publishing Ltd (Verlag)
978-1-80088-833-3 (ISBN)

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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.

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

Contents:

Foreword x
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

Erscheinungsdatum	28.09.2023
Verlagsort	Cheltenham
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Öffentliches Recht ► Völkerrecht
ISBN-10	1-80088-833-3 / 1800888333
ISBN-13	978-1-80088-833-3 / 9781800888333
Zustand	Neuware