Human rights obligations of non-state armed groups : a possible contribution from customary international law ?
Jean-Marie Henckaerts and Cornelius Wiesener
Research handbook on human rights and humanitarian law
Cheltenham ; Northampton : E. Elgar, 2013
This chapter examines whether and to what extent non-state armed groups can be considered bound by human rights law. First, it discusses the applicability of international humanitarian law to armed groups. It contrasts this with the applicability of international human rights, both treaty law and customary law, to such groups. In doing so, it presents arguments in favour of and against extending human rights obligations to armed groups. It tries to match these arguments with examples from the practice of UN bodies and experts, including UN Security Council. On this basis, it examines whether armed groups can now be considered bound by human rights law as a matter of customary international law. This chapter only addresses this question as a matter of principle and does not examine the practical interaction between humanitarian and human rights law obligations of armed groups, should they be considered to exist.
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