Factors motivating non-state armed groups to comply with international humanitarian law : reflections on positive practices
by Isabelle Gallino
[S.l] : [s.n], 2017
40 p. ; 30 cm
Bibliographie: p. 33-40. - Photocopies. - LLM paper, Geneva Academy
The paper focuses on the positive instances where non-state armed groups actually respect IHL, and reflects on the motivational factors bringing such groups to compliance. After an illustration of the main current theories on motivational factors, the author analyzes two specific armed groups in two different contexts, focusing on the cases where these groups made progresses in the field of child soldiers demobilization: the FARC (Fuerzas Armadas Revolucionarias de Colombia) in Colombia and the JEM in Sudan (Justice and Equality Movement). This analysis shows how, despite the context specificity of some motivational factors, recurrent factors for both armed groups can be individuated. Specifically, political and reputational considerations, as well as considerations of legitimacy were present in both armed groups, stimulating them to take positive measures on child soldiers. Furthermore, also the factor of “return to peace” played a significant role in this context, with peace and ceasefire agreements motivating the armed groups to prohibit child recruitment. The author concludes by reiterating the importance of giving a full picture of the situation on the ground, including instances of respect, and of persevering in finding ways to increase such respect. This is essential for maintaining the trust in the IHL system and, consequently, for increasing the respect of human dignity.