Asia-pacific perspectives on international humanitarian law
Cambridge : Cambridge University Press, 2020
This chapter first explores how the regional counter-terrorism conventions of regional organisations in Asia normatively impact on IHL’s regulation of armed conflict, both in their articulation of terrorist offences and their intricate web of varied exclusions concerning certain hostilities. Secondly, the chapter explores how the UN Security Council’s counter-terrorism sanctions may apply to non-State armed groups (NSAGs) in Asia, potentially both undermining incentives to comply with IHL and adversely affecting humanitarian relief operations. Thirdly, the chapter concludes by showing how national implementation of Security Council Resolution 1373 (2001), which requires domestic criminalisation of terrorism despite not defining it, has enabled States to criminalise hostile acts by members of non-State armed forces which are not unlawful under IHL (such as targeted, proportionate attacks on State military forces or military objectives). Again, an adverse impact of this approach may be to undermine the effectiveness of IHL and its humanitarian purposes, by transnationally ‘outlawing’ NSAGs.
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