Armed groups and the DoD manual : shining a light on overlooked issues
The United States Department of Defense Law of War Manual : commentary and critique
Cambridge : Cambridge University Press, 2018
This chapters examines how the Department of Defense Law of War Manual addresses certain issues specific to armed groups operating in non-international armed conflicts. The chapter first examines how the manual understands armed groups to be addressees of international humanitarian law, it analyses how the manual understands armed groups to be bound by different sources of law, and considers how the manual explains these sources to be binding upon them. The chapter then examines how the manual addressses the principles of international humanitarian law, looking in particular at the manual's reliance on the concept of honor in NIAC. It then assesses the approach that the manual takes to the targetability of members of armed groups. Finally, the chapters examines the assertion that members of insurgent groups can be compelled to fight on behalf of a State.