Despite the existence of a comprehensive international legal framework protecting children in armed conflict, ensuring its respect by armed non-State actors (ANSAs) still remains an important challenge. This can be linked to several circumstances, such as their lack of knowledge of the law, the absence of an incentive to abide by the applicable rules, their fragmented structure and their lack of capacity to implement the applicable framework. Certain practical cases, however, show that ANSAs’ behaviours may vary throughout armed conflicts. While certain groups have, at a given moment, breached some of their international obligations, others have shown some degree of commitment to respecting children's safeguards. When addressing the prohibition of recruiting and using children in hostilities, the reasons behind these variations have remained insufficiently explored. This article reviews some of the lessons learned from Geneva Call's experience when engaging ANSAs towards their compliance with child protection norms.
Common Article 3 to the four Geneva Conventions encourages the parties to a non-international armed conflict to bring into force international humanitarian law provisions through the conclusion of special agreements. Since armed groups are ever more frequent participants in contemporary armed conflicts, the relevance of those agreements as means to enhance compliance with IHL has grown as well. The decision-making process of special agreements recognizes that all the parties to the conflict participate in the clarification and expansion of the applicable rights and obligations in a way that is consistent with the principle of equality of belligerents. This provides incentives for armed groups to respect the IHL rules they have themselves negotiated. However, even upon the conclusion of such agreements, it remains unclear which legal regime governs them. This paper will argue that special agreements are governed by international law instead of domestic law or asui generislegal regime.
It is undeniable that the effectiveness of international humanitarian law (IHL) faces challenges from different quarters. To address these, humanitarian organizations have, in the main, pursued a direct engagement strategy with the parties to a conflict. Although this has remained the dominant strategy to date, in the last two decades the humanitarian sector has, on an ad hoc basis and without the benefit of a solid evidence base, engaged other societal actors identified as having the potential to influence parties to armed conflict, and among them religious leaders. This chapter addresses the role of these leaders in influencing compliance (or lack thereof) with IHL by States and non-State armed groups. In particular, two issues are explored: 1) what makes religious leaders influential among their constituencies?, and 2) how can they be useful actors to increase respect for IHL in armed conflict?
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