Challenging the Westphalian order : incorporating armed groups in law-making under international humanitarian law
Laura Iñigo Alvarez
Host item entries:
Ordine internazionale e diritti umani, N. 2, maggio 2017, p. 167-189
In recent times, much focus has been placed on the incorporation of certain non-State actors, such as NGOs and transnational corporations, into different law-making processes, despite the fact that the resulting rules are considered as soft law. Little attention has been paid, however, to the possibility of affording non-State armed groups a degree of participation in law-making processes. Although it is not realistic for non-State armed groups (NSAGs) to participate formally in the drafting of multilateral treaties, it will be argued that it is possible for their views to be reflected in the development of future humanitarian rules. This paper deals with four mechanisms through which armed groups could be included in law-making processes. Furthermore, special consideration will be given to Geneva Call’s Deed of Commitment applied in the case of Sudan, as this provides an example of the way in which the commitment of an armed group to adhere to rules of IHL can influence in practice the position of States in ratifying treaties on IHL, such as the Ottawa Convention in this case.
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