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The legal protection of persons living under the control of non-State armed groups.

Authors :
Rodenhäuser, Tilman
Source :
International Review of the Red Cross. Dec2021, Vol. 102 Issue 915, p991-1020. 30p.
Publication Year :
2020

Abstract

In recent non-international armed conflicts in countries such as the Central African Republic, Iraq, Libya, Nigeria, South Sudan, Syria, Ukraine and Yemen, various non-State armed groups (NSAGs) have exercised control over territory and people living therein. In many cases, and for a variety of reasons, NSAGs perform some form of governance in these territories, which can include the maintenance of order or the provision of justice, health care, or social services. The significance of such measures became particularly apparent when in 2020 not only governments but also armed groups took steps to halt the spread of the COVID-19 pandemic. This article examines key legal issues that arise in these contexts. First, it analyzes the extent to which international humanitarian law protects the life and dignity of persons living under the control of NSAGs, rebutting doubts as to whether this field of international law has a role in regulating what is sometimes called "rebel governance". Second, it provides a brief overview of aspects of the lives of people in armed group-controlled territory that are addressed by international humanitarian law and aspects that instead fall into the realm of human rights law. Third, the article discusses whether and to what extent human rights law can be said to bind NSAGs as a matter of law and flags issues that need further attention in current and future debates. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
18163831
Volume :
102
Issue :
915
Database :
Academic Search Index
Journal :
International Review of the Red Cross
Publication Type :
Academic Journal
Accession number :
154290834
Full Text :
https://doi.org/10.1017/S1816383121000205