Human rights obligations of armed non-state actors in non-international armed conflicts
Author zone:
Nadarajah Pushparajah
Editor:
Oisterwijk [Pays-Bas] : Wolf legal publishers, 2016
Physical description:
XII, 320 p. ; 24 cm
ISBN:
9789462403291
Languages:
English
General Note:
Bibliographie : p. 285-299
Abstract:
This book explores the human rights obligations of armed non-state actors in non-international armed conflicts from the existing sources. This book challenges the State-centric view of human rights by breaking the traditional perception of international human rights regime that applies only to State actors. It shows the necessity in considering the capacity of de facto regimes of armed non-state actors to incur human rights obligations in order to protect individuals and groups, and regulate their daily lives in the control areas of these armed non-state actors. Further, this book proves the capacity of armed non-state actors for violating human rights as well as bearing human rights obligations in non-international armed conflicts. The degree of human rights obligations of armed non-state actors, especially regarding civil and political rights, as well as obligations towards some vulnerable groups, has been confirmed in this book. Nevertheless it is very difficult to impose human rights obligations on armed non-state actors without relying on other international norms such as international humanitarian law and international criminal law in non-international armed conflicts since these bodies of law give more detailed provisions to regulate the specific issue. In addition, the success of the fulfilment of obligations in international norms by armed non-state actors mostly depends on their capacity, willingness and intentions, including the ideology of a specific group.
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