International humanitarian law and non-state actors

Does the Geneva Convention apply to non-state actors?
Who is bound by IHL? IHL is universal: all parties fighting in a conflict are obliged to respect IHL, be they governmental forces or non-State armed groups.
The Geneva Conventions, which are central to IHL, have been ratified by all 196 States, making IHL a universal body of law..
What are non-state actors in international human rights law?
Summary.
International human rights law binds non-state actors when they exercise effective control over the territory and imposes on them positive obligations in accordance with their effectiveness..
What are non-state actors in international relations?
Non-state actors include organizations and individuals that are not affiliated with, directed by, or funded through the government.
These include corporations, private financial institutions, and NGOs, as well as paramilitary and armed resistance groups..
What is the state responsibility in international humanitarian law?
State responsibility for violations committed by persons or entities empowered to exercise elements of governmental authority.
States are also responsible for acts committed by other persons or entities which they have empowered, under their internal law, to exercise elements of governmental authority..
In the ICRC's usage, the generic term 'armed group' denotes a group that is not a State but has the capacity to cause violence that is of humanitarian concern, includes those groups that are NSAGs, as they qualify as parties to a NIAC.
Modern international humanitarian law is made up of two historical streams: The law of The Hague, referred to in the past as the law of war proper; and.
The law of Geneva, or humanitarian law.
State responsibility for violations committed by persons or entities empowered to exercise elements of governmental authority.
States are also responsible for acts committed by other persons or entities which they have empowered, under their internal law, to exercise elements of governmental authority.
Under international humanitarian law, members of non-state armed groups paradoxically belong to the category of civilians.
But they lose most of the protection attached to this status—at least the protection against direct attack—while they directly participate in hostilities.

$149.00 In stockThe only book focussing on non-State actors within the context of international humanitarian law. Includes chapters by both practitioners and scholars, Table of contentsAbout this book

Non-state armed groups are vulnerable because domestic laws criminalize them, yet they need to obtain international guarantees. In fact, they are often not

When a non-state armed group acts in fact under the control or on behalf of a foreign State, international courts consider that such State will be held

Does IHL apply to NSAs?

Alternative Law and Its Concerns Some legal theorists argue that IHL is not applicable to NSAs simply because NSAs have not consented to it.110They propose that, to make NSA responsible in international law, it is first necessary to acquire their consent and agreement to the applicable IHL.111 .

Does international humanitarian law apply to NSAs?

2.
Applicability of International Humanitarian Law (IHL) The applicability of IHL to NSAs is widely controversial.
There are three prominent theories for how IHL is already applicable to NSAs.
However, it is apparent that NSAs choose to ignore it.

Is there an inherent power to detain by non-state armed groups?

Niyo observes that the idea of the existence of an inherent power to detain by non-state armed groups (NSAGs) comes with ‘extensive controversy and critique’, which ‘broadly reflect a strictly formalist approach to the law’.
Among these he cites Lawrence Hill-Cawthorne and Dapo Akande.

Do non-state actors have a role in international humanitarian law?

While talking about non-State actors may be a non-starter in respect of a number of branches of public international law, this is undeniably not so in international humanitarian law (IHL)

Admittedly, IHL was historically geared toward regulating warfare between States, and it paid only scant attention to the interests of non-State actors

Do non-state actors have human rights if there is no armed conflict?

Where the framework of international humanitarian law is precluded due to the lack of an armed conflict, or the perceived lack of an armed conflict, the UN and NGOs will have to rely on the idea that the non- state actors involved have human rights obligations

When does international humanitarian law apply?

International humanitarian law applies from the initiation of such armed conflicts and extends beyond the cessation of hostilities until a general conclusion of peace is reached; or, in the case of internal conflicts, a peaceful settlement is achieved

International humanitarian law and non-state actors

Does the Geneva Convention apply to non-state actors?

What are non-state actors in international human rights law?

What are non-state actors in international relations?