Article

Generating respect for international humanitarian law : the establishment of courts by organized non-state armed groups in light of the principle of equality of belligerents

Ezequiel Heffes

• Yearbook of international humanitarian law, Vol. 18, 2015, p. 181-201

English

Bibliographie : p. 198-201

In the last few decades, different organized non-State armed groups have created judicial bodies in non-international armed conflicts. Despite their undisputed relevance, their establishment has not been thoroughly analysed, even if they could be included within those measures taken by these non-State entities in order to enhance respect for international humanitarian law. This article aims to explore some legal consequences of such actions. Mainly, two issues are dealt with: (a) the reasons why organized non-State armed groups are bound to respect IHL; (b) the lack of a unified view on which legal framework regulates the establishment of those “courts”. In order to achieve an explanation that grasps the complexity of these issues, the article adopts an inclusive approach, which embraces the application of the principle of equality of belligerents as a basis to affirm that the regulation of these judicial bodies by the “laws” of armed groups is the most appropriate solution in order to generate compliance for IHL.

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• Yearbook of international humanitarian law
• Yearbook of international humanitarian law [Vol. 18, 2015]