11 Establishing Direct Responsibility of Armed Opposition Groups for Violations of International Humanitarian Law?

Bílková, Veronika

doi:10.1163/9789004293632_014

Cited by 5 publications

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“…This means that violations of primary rules binding on AOGs by a conduct attributable to them would constitute internationally wrongful acts entailing responsibility with its classical content (reparation, cessation, assurances and guarantees of non-repetition). 30 Zegveld (2002) 35 For more details, see Bílková (2015). Additional Protocol II only applies to armed conflicts 'which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol', Art.…”

Section: Extending the Rules On Shared Responsibility To Armed Opposimentioning

confidence: 99%

Armed Opposition Groups and Shared Responsibility

Bílková

2015

Neth Int Law Rev

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Modern armed conflicts are characterised by numerous interactions between armed opposition groups and other actors (states, international organisations, other non-state actors etc.). Some of these interactions result in harmful outcomes that cannot be easily attributed to a single actor. Issues of shared responsibility thus arise. Such issues have so far been largely ignored in international law. This article argues that the legal regime of shared responsibility applicable to armed opposition groups could be construed in two ways. On the one hand, it would be possible to extend to armed opposition groups rules of (shared) responsibility for internationally wrongful acts which apply to states. On the other hand, the legal regime could be based on liability (strict responsibility), or on standard-setting. The article shows that all these options have certain limitations stemming from the specific features of armed opposition groups (limited legitimacy, internal diversity, and temporary existence) and suggests combining their elements.

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Section: Extending the Rules On Shared Responsibility To Armed Opposimentioning

confidence: 99%

Armed Opposition Groups and Shared Responsibility

Bílková

2015

Neth Int Law Rev

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Armed Groups and Procedural Accountability: A Roadmap for Further Thought

Fortin

2017

Yearbook of International Humanitarian Law

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This chapter investigates the meaning of the term "accountability", as it is used in policy discussions surrounding armed groups. It takes a detailed look at literature from public administration on the concept of procedural accountability and applies it to the various accountability mechanisms that evaluate the conduct of armed groups against international norms. In doing so, the chapter points out some of the shortcomings of some of these accountability mechanisms. It ends by examining some of the more innovative accountability models, such as the process created by Geneva Call and the ad hoc processes created by the UNAMA field office in Afghanistan vis-à-vis the Taliban.

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State Responsibility and Rebels

Greenman

2021

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However, as Glade explains, at 36, it was not just about absolute numbersfor our purposes, it is also significant that 'the chief impact of the comparatively small number who came to countries other than Brazil, the River Plate republics, Chile and Cuba was felt in the realm of business, into which the immigrants went as manufacturing entrepreneurs, merchants, financiers, engineers and other professional and technical specialists. Their contributions in these capacities were sizeable, though, and quite disproportionate to their numbers'. Regarding trade and investment, see references at n 62.

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11 Establishing Direct Responsibility of Armed Opposition Groups for Violations of International Humanitarian Law?

Cited by 5 publications

References 0 publications

Armed Opposition Groups and Shared Responsibility

Armed Opposition Groups and Shared Responsibility

Armed Groups and Procedural Accountability: A Roadmap for Further Thought

State Responsibility and Rebels

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