Abstract:This article presents the preliminary findings of a scoping study that Geneva Call is conducting to understand the existing dynamics between armed non-state actors (ANSAs) and cultural heritage. Geneva Call is a Swiss-based non-governmental organization dedicated to promoting the respect of international humanitarian law by ANSAs. The study centres on three case studies—Syria, Iraq, and Mali—on which information has been obtained through desk and field research, interviews with ANSAs operating in those countries, and with leading organizations committed to the protection of cultural heritage, globally or regionally. The article first maps the various attitudes of ANSAs toward cultural heritage, highlighting both positive and negative examples from current practices. Then it analyzes the response of specialized organizations to the impact of ANSAs on cultural heritage and their level of engagement with these actors on cultural heritage issues. Finally, the conclusion offers some tentative recommendations to enhance the respect of cultural heritage by ANSAs in non-international armed conflicts.

Armed non-state actors are involved in most armed conflicts today, yet international law provides few mechanisms to ensure that they comply with humanitarian norms applicable to them. In particular, monitoring and verification mechanisms that address the conduct of armed non-state actors rarely appear in multilateral treaties, and, even when they do, are weak and not applied in practice. Over the past few years, a number of alternative mechanisms have been developed to better monitor respect of humanitarian norms during internal armed conflicts and

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.

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