Chapter

The importance and difficulties of establishing and clarifying the international legal personality and responsibility of non-state armed groups

Heleen M. Hiemstra

International responsibility : essays in law, history and philosophy

Genève [etc.] : Schulthess, 2017

p. 161-177

English

While the United Nations Security Council has on many occasions condemned violations of international humanitarian law committed by non-state armed groups and demanded that such conduct be ceased, international law remains heavily State-centric and does not have a satisfactory answer to these new realities. Although some clarity exists on the legal rules that bind NSAGs when operating in armed conflicts, the implications of violations of such rules is still highly uncharted territory. This contribution looks at some aspects of this 'grey area of international law', elaborating on State responsibility and individual criminal responsibility as indirect ways to achieve some form of responsibility for violations of international law committed by NSAGs, although both mechanisms are found wanting. Finally, the chapter looks at the possible development of a system of direct responsibility for NSAGs and the challenges involved therein.

• International responsibility : essays in law, history and philosophy / ed. by Samantha Besson ; with the assistance of Matthieu Loup