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Organizing RebellionNon-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law$
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Tilman Rodenhäuser

Print publication date: 2018

Print ISBN-13: 9780198821946

Published to Oxford Scholarship Online: May 2018

DOI: 10.1093/oso/9780198821946.001.0001

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Of Rebels, Insurgents, and Belligerents

Of Rebels, Insurgents, and Belligerents

Non-State Parties in the History of Warfare

Chapter:
(p.19) 1 Of Rebels, Insurgents, and Belligerents
Source:
Organizing Rebellion
Author(s):

Tilman Rodenhäuser

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198821946.003.0002

The first chapter opens the substantive analysis of the organization requirement for non-state parties to armed conflicts. First, it briefly examines why the laws of war have originally been state-focused, and shows how this state focus coined international law requirements of main characteristics of a party to an armed conflict. Second, it analyses how philosophers broadened the legal notion of ‘war’ as to include conflicts involving certain non-state entities. Subsequently, this chapter examines state practice to identify which qualities a non-state armed group needed to possess to obtain the ‘belligerent’ status. It also examines the question of which kind of entities could qualify as ‘insurgents’ or ‘rebels’.

Keywords:   international humanitarian law, non-state armed group, non-state party to an armed conflict, belligerency, insurgency, rebellion, degree of organization

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