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Following on from the previous issue, entitled 'Understanding armed groups and the applicable law', 1 this time the Review pursues its study of the phenomenon of non-state armed groups by looking at processes of engaging with these actors. Most wars today pit states against armed groups or groups against each other, and talking with such groups is therefore vital for all those working to promote compliance with the law and to strengthen the protection of conflict victims. 2 Reaching them, however, involves overcoming material, security-related, legal, and political obstacles. What arguments can be invoked to convince armed groups? How can their adherence to international humanitarian law (IHL) be strengthened when they are themselves outlaws according to domestic law? How can there be engagement with armed groups in an international context in which any dialogue may be perceived as a form of betrayal or complicity? The overarching question that this issue seeks to cover is how to make tangible progress towards convincing armed groups to comply with their obligations under international law. The phrase 'engaging armed groups' can be understood to refer to various forms of interaction: from measures of repression to negotiation but also an entire range of indirect measures relating to the causes of conflict and the environment in which an armed group operates. This issue's first article recapitulates the various options for engaging armed groups: Claudia Hofmann of Johns Hopkins University and Ulrich Schneckener of Osnabrück University invoke international relations theory to describe the choices available to the different conflict players depending on their approaches, capacities, and objectives. The Review then broaches the issue from the respective points of view of states, armed groups, humanitarian practitioners, and victims. *** Any discussion of the engagement of armed groups has to take account of the position of their principal adversary: the state. In addition, raising this question ten years after the 11 September 2001 terrorist attacks on the United States means looking back at the lessons learned from the confrontations, in particular in Afghanistan and Iraq, between the US and its allies, on the one hand, and armed groups, on the other, during that period. In 2010, the US State Department broke with its previous policy of complete marginalization of armed groups. 3
Following on from the previous issue, entitled 'Understanding armed groups and the applicable law', 1 this time the Review pursues its study of the phenomenon of non-state armed groups by looking at processes of engaging with these actors. Most wars today pit states against armed groups or groups against each other, and talking with such groups is therefore vital for all those working to promote compliance with the law and to strengthen the protection of conflict victims. 2 Reaching them, however, involves overcoming material, security-related, legal, and political obstacles. What arguments can be invoked to convince armed groups? How can their adherence to international humanitarian law (IHL) be strengthened when they are themselves outlaws according to domestic law? How can there be engagement with armed groups in an international context in which any dialogue may be perceived as a form of betrayal or complicity? The overarching question that this issue seeks to cover is how to make tangible progress towards convincing armed groups to comply with their obligations under international law. The phrase 'engaging armed groups' can be understood to refer to various forms of interaction: from measures of repression to negotiation but also an entire range of indirect measures relating to the causes of conflict and the environment in which an armed group operates. This issue's first article recapitulates the various options for engaging armed groups: Claudia Hofmann of Johns Hopkins University and Ulrich Schneckener of Osnabrück University invoke international relations theory to describe the choices available to the different conflict players depending on their approaches, capacities, and objectives. The Review then broaches the issue from the respective points of view of states, armed groups, humanitarian practitioners, and victims. *** Any discussion of the engagement of armed groups has to take account of the position of their principal adversary: the state. In addition, raising this question ten years after the 11 September 2001 terrorist attacks on the United States means looking back at the lessons learned from the confrontations, in particular in Afghanistan and Iraq, between the US and its allies, on the one hand, and armed groups, on the other, during that period. In 2010, the US State Department broke with its previous policy of complete marginalization of armed groups. 3
Un ensemble d’espaces carcéraux et de pratiques politico-légales ont produit, pendant la guerre d’indépendance algérienne, des Algériens sans droits. Avec le développement de l’incarcération d’Algériens par les autorités françaises à travers un usage continu et dynamique de la loi, de multiples espaces de détention ont de fait ainsi été créés pour accueillir les populations ayant bénéficié de « non-lieux » judiciaires : à défaut de charges suffisantes contre le mis en examen, le juge d’instruction prononçait un « non-lieu », mais, malgré cette décision rendue par le système judiciaire français, de nombreux militants algériens du FLN, arrêtés en France, ont été maintenus en prison dans divers espaces carcéraux et transférés des prisons métropolitaines vers les prisons coloniales en Algérie. Bien que les camps de prisonniers français en Algérie soient divers, nous nous concentrons ici sur le Camp Paul-Cazelles situé à Ain Ousseras, à 195 km au sud d’Alger, à la lumière du témoignage oral de Hocine Kahouadji, militant FLN.
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