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Author : Ezequiel Heffes
Publisher : Cambridge University Press
Page : 313 pages
File Size : 42,5 Mb
Release : 2022-02-17
Category : Law
ISBN : 9781108495660
Explores how international law deals with detention conducted by non-State armed groups and the motivations behind these practices.
Author : Anna Geis,Maéva Clément,Hanna Pfeifer
Publisher : New Approaches to Conflict Ana
Page : 280 pages
File Size : 40,5 Mb
Release : 2021-06-29
Category : Political Science
ISBN : 1526152754
This edited volume examines asymmetric conflict dynamics through the politics of recognition vis-à-vis armed non-state actors. It explores a diverse range of case studies and considers the risks and opportunities that (non-)recognition may involve for transforming armed conflicts.
Author : Murat Yeşiltaş,Tuncay Kardaş
Publisher : Springer
Page : 278 pages
File Size : 44,8 Mb
Release : 2017-07-06
Category : Political Science
ISBN : 9783319552873
This volume investigates the nature and changing roles of the non-state armed groups in the Middle East with a special focus on Kurdish, Shia and Islamic State groups. To understand the nature of transformation in the Middle Eastern geopolitical space, it provides new empirical and analytical insights into the impact of three prominent actors, namely ISIS, YPG and Shia Militias. With its distinctive detailed and multi-faceted analyses, it offers new findings on the changing contours of sovereignty, geopolitics and ideology, particularly after the Arab Uprisings. Overall this volume contributes to the study of violent geopolitics, critical security studies and international relations particularly by exploring the ideologies and strategies of the new non-state armed actors.
Author : Noemi Gal-Or,Cedric Ryngaert,Math Noortmann
Publisher : Hotei Publishing
Page : 405 pages
File Size : 44,6 Mb
Release : 2015-05-07
Category : Law
ISBN : 9789004293632
To whom are armed opposition groups and business corporations accountable for their actions in armed conflict and in peace times? Are they responsible as a group? This pioneer book offers innovative theoretical and empirical analyses to these questions.
Author : Katharine Fortin
Publisher : Oxford University Press
Page : 448 pages
File Size : 44,9 Mb
Release : 2017-08-11
Category : Law
ISBN : 9780192536068
Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.
Author : Benjamin Perrin
Publisher : UBC Press
Page : 422 pages
File Size : 54,6 Mb
Release : 2012
Category : History
ISBN : 9780774822329
To bridge the widening gap between the theory and practice of the law, Modern Warfare brings together both scholars and practitioners who offer unique, and often divergent, perspectives on four key challenges to the law's legitimacy: how to ensure compliance among non-state armed groups; the proliferation of private military and security companies and their use by humanitarian organizations; tensions between the idea of humanitarian space and counterinsurgency doctrines; and the phenomenon of urban violence. The contributors do not simply consider settled legal standards - they widen the scope to include first principles, related bodies of law, humanitarian policy, and the latest studies on the prevention and mitigation of violence."--Pub. desc.
Author : Kees Koonings,Dirk Kruijt
Publisher : Zed Books Ltd.
Page : 218 pages
File Size : 49,5 Mb
Release : 2013-04-04
Category : Political Science
ISBN : 9781848136151
In this volume, Latin Americanist scholars explore the recent evidence relating to the ways in which partial state failure in the continent is interacting with new types of organized violence, thereby undermining the process of democratic consolidation that has characterized Latin America over the past two decades. This 'new violence' stems - as this book's case studies from Colombia, Peru, Argentina, Venezuela, Brazil and other countries, including El Salvador, show - from a heterogeneous variety of social actors including drug mafias, peasant militias and urban gangs (collectively referred to as actores armadas), as well as state-related actors like the police, military intelligence agencies and paramilitary forces. These armed actors are reproducing organized social and political violence beyond the confines of democratic politics and civil society. The results, as the authors warn, include both 'governance voids' - domains where the legitimate state is effectively absent in the face of armed actors prevailing by force - and an erosion of the capacity and willingness of state officials themselves to abide by the rule of law. These tendencies, in turn, pave the way for a possible reinstallation of authoritarian regimes under the control of politicized armies or, at the very least, the spread of state violence in one form or another. Why these tendencies need to be taken so seriously is, the authors argue, because of the deeper social roots underlying them - notably the failure of neoliberal economic policies and weakened state structures to deliver the jobs, standards of living and social services every democratic citizenry has a right to expect. The Argentinian collapse and persistent Colombian and Venezuelan crises receive special attention in this regard.
Author : Keith Krause
Publisher : Routledge
Page : 262 pages
File Size : 46,6 Mb
Release : 2013-09-13
Category : History
ISBN : 9781317987086
Armed groups operating beyond the state have become the most important actors in most contemporary wars and violent conflicts, from Iraq and Afghanistan to Colombia and Somalia. They come in a dizzying array of forms: some informally linked to the state and state power, others in opposition to the state; some pursuing classic political goals, others primarily predatory and large-scale criminal enterprises. All groups, however, challenge the state’s Weberian monopoly of the legitimate use of force, yet their origins, evolution, violent dynamics, and relations with state power are poorly understood. This interdisciplinary collection includes both conceptual and empirical studies of contemporary armed groups, examining cases in Latin America, Asia and Africa. It brings sociological, political economy, and ethnographic approaches to bear on larger questions including armed groups and the changing nature of warfare, the economic dimensions of their activities, and means of engagement with armed actors. It both broadens and sharpens our understanding of how force and violence are used in today’s contemporary armed conflicts. This book was published as a special issue of Contemporary Security Policy.
Author : Thanassis Cambanis,Dina Esfandiary,Sima Ghaddar,Aron Lund,Michael Wahid Hanna,Renad Mansour
Publisher : Century Foundation Press
Page : 192 pages
File Size : 49,7 Mb
Release : 2019-11-26
Category : Electronic
ISBN : 0870785591
Influential armed groups continue to confound policymakers, diplomats, and analysts decades after their transformational arrival on the scene in the Middle East and North Africa. The most effective of these militias can most usefully be understood as hybrid actors, which simultaneously work through, with, and against the state. This joint report from The Century Foundation identifies the factors that make some hybrid actors persistent and successful, as measured by longevity, influence, and ability to project power militarily as well as politically. It finds that three factors correlate most closely with impact: constituent loyalty, resilient state relationships, and coherent ideology. The authors of this report examined cases in Lebanon, Syria, and Iraq, drawing on years of fieldwork, to distinguish hybrid actors, classic nonstate proxies, and aspirants to statehood--all of which merit different analytical and policy treatment. The report demonstrates the ways that groups can shift along a spectrum as they adapt to changing conditions.
Author : Dr Konstantinos Mastorodimos
Publisher : Ashgate Publishing, Ltd.
Page : 316 pages
File Size : 46,5 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781472456182
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
Author : Caroline O. N. Moser,Fiona C. Clark
Publisher : Palgrave Macmillan
Page : 260 pages
File Size : 45,9 Mb
Release : 2001-04
Category : Family & Relationships
ISBN : 1856498980
This work explores the links between political, economic and social violence and illustrates how local community organizations run and managed by women play a key role throughout conflict situations, not only for meeting basic needs, but also as advocates, fostering trust and collaboration.
Author : Anthony Vinci
Publisher : Routledge
Page : 178 pages
File Size : 54,5 Mb
Release : 2008-09-09
Category : History
ISBN : 9781134036653
This new book provides a framework for understanding the international relations of armed groups, including terrorist organizations, insurgencies and warlords, which play an increasingly important role in the international system. Specifically, the book argues that such groups can be understood as taking part in the balance of power with states and other armed groups, as they are empirically sovereign non-state actors that are motivated by the pursuit of power and exist as part of an anarchic, self-help system. This radically new approach offers a renewed conceptualization of Neorealism, and provides new insights into debates about sovereignty, non-state actors, new wars, counterterrorism, and counterinsurgency. The approach is illustrated through case studies on Somali warlords, the security complex between the Lord’s Resistance Army (LRA), Sudanese People’s Liberation Army (SPLA), Sudan and Uganda, as well as Al Qaeda. The book provides insights into such issues as how non-state actors can be integrated into structural theories of international relations, and also offers pragmatic methodologies for the foreign policy or military practitioner, such as how to best deter terrorists.
Author : Daragh Murray
Publisher : Bloomsbury Publishing
Page : 346 pages
File Size : 45,6 Mb
Release : 2016-05-05
Category : Law
ISBN : 9781509901654
This book is concerned with the international regulation of non-state armed groups. Specifically, it examines the possibility of subjecting armed groups to international human rights law obligations. First addressed is the means by which armed groups may be bound by international law. Of particular interest is the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Application of this theory is dependent upon an armed group's establishment of an independent existence, as demonstrated by the displacement of state authority. This means that armed groups are treated as a vertical authority, thereby maintaining the established hierarchy of international regulation. At issue therefore is not a radical approach to the regulation of non-state actors, but rather a modification of the traditional means of application in response to the reality of the situation. The attribution of international human rights law obligations to armed groups is then addressed in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context, on the basis that an international instrument has to be applied within the framework of the entire legal system prevailing at the time of interpretation. Armed groups' status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the object and purpose of the law and its foundation in human dignity. Finally, if international human rights law is to be applied to armed groups, its application must be effective in practice. A context-dependent division of responsibility between the territorial state and the armed group is proposed. The respect, protect, fulfil framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the state and the armed group. ''Daragh Murray's book analyses the practical and theoretical difficulties associated with the topic of the international human rights obligations of non-state armed groups by considering the latest developments in this field and suggesting ways forward. His proposals are realistic and carefully argued; this book should be essential reading for anyone grappling with this subject.'' Andrew Clapham, Professor of International Law at the Graduate Institute of International and Development Studies.
Author : Ezequiel Heffes,Marcos D. Kotlik,Manuel J. Ventura
Publisher : T.M.C. Asser Press
Page : 451 pages
File Size : 41,5 Mb
Release : 2021-01-06
Category : Law
ISBN : 9462653410
This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict. With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes. The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law. Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.
Author : Will Jamison Wright
Publisher : Springer Nature
Page : 223 pages
File Size : 46,9 Mb
Release : 2024-01-02
Category : Law
ISBN : 9783031459146
The proliferation of non-state armed groups and non-international armed conflicts since the end of the Second World War has challenged the legal frameworks which govern conduct in armed conflict. While aspects of international humanitarian law apply to such conflicts, international law can only go part of the way to explaining behaviour by armed groups. This book seeks to refocus discussion on the limits to armed conflict in such settings by examining the norms that underpin international humanitarian law as espoused by these armed groups to give a clearer picture as to the collectively constructed appropriateness of certain behaviours in or limits to warfare. The specific research question is “What are the norms of armed conflict as identified by non-state armed groups?” Using Winston’s norm cluster model, this study seeks to examine and map the ideations and behavioural prescriptions that constitute the armed conflict norm cluster as defined by non-state armed groups. To do this, it utilises a qualitative content analysis of documents from non-state armed groups coded to identify the different elements of this norm cluster as well as the frequency, pervasiveness, and connections between these elements. The findings showed that, while international humanitarian law is universal, these norms limiting armed conflict are not, with no norm being seen across all contexts examined. Core norms of international humanitarian law, especially those supported by norm entrepreneurs, were seen to be the focus of sub-clusters and the emergence of new parts of the norm cluster could be observed over time. The findings suggest that further work with the conceptualisation of limits to armed conflict as norms could be useful in improving the embeddedness of norms amongst non-state armed groups and could be useful in reconceptualising limits to armed conflict in cases where broadly accepted norms face growing contestation.
