Compliance with international humanitarian law by non-state actors / Gauthier de Beco

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Document type:

Article

Title:

Compliance with international humanitarian law by non-state actors

Author zone:

Gauthier de Beco

Host item entries:

Humanitäres Völkerrecht : Informationsschriften = Journal of international law of peace and armed conflict, Vol. 18, 3/2005, p. 190-199

Languages:

English

Abstract:

This article examines current IHL applicable to internal armed conflicts and develops methods to enhance the compliance of non-state actors with it. After outlining the rules that apply to internal armed conflict and armed groups, the author advances six ways to increase compliance by armed groups with these laws: 1) invite non-State actors as observers to the travaux préparatoires of new IHL treaties; 2) encourage, by offering negotiation and monitoring services, non-state actors to conclude agreements and make unilateral declarations; 3) grant insurgents amnesty after the conflict, provided they agree to comply with IHL; 4) encourage armed groups to monitor their own compliance with IHL and be accountable to an independent IHL Commission; 5) use the ICRC to disseminate IHL as widely as possible; 6) use force only as a last resort, since there is a risk that it may lead to an escalation of the conflict. The author concludes by stressing that the recommendations must be supported by an international structure, like the ICC, where observance of the law is commended and violations are condemned. [Summary by students at the University of Toronto, Faculty of Law (IHRP)]

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