We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
from Part I - Non-State Armed Groups and International Law
Published online by Cambridge University Press: 27 January 2022
The first step in determining the international legal framework(s) applicable to the detention activities of non-State armed groups (NSAGs) is to acknowledge how they are intuitively considered: non-State actors (NSAs). Inevitably, any attempt to examine what these entities are allowed to do, or rather are restricted from doing within the international realm, is met by challenges related to their limited legal ‘subjectivity’, how they acquire international obligations and the actual content of these rules. This is because this normative framework is a system which confers full legal personality to States, and much of its dynamics are devoted to protecting what one might call their ‘monopoly of subjecthood’. This chapter analyses the relevance of both international humanitarian law and international human rights law when dealing with NSAGs, identifying the various reasons that serve to justify such an examination. This exercise serves to locate NSAGs within the broad international legal architecture. In particular, it explores why and how these legal regimes relate to NSAGs, espousing the different views on their binding nature and advocating for an alternative view that considers their place within their international community.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
