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The Accountability of Armed Groups under Human Rights Law$
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Katharine Fortin

Print publication date: 2017

Print ISBN-13: 9780198808381

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780198808381.001.0001

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Armed Groups and Crimes against Humanity

Armed Groups and Crimes against Humanity

Chapter:
(p.285) 10 Armed Groups and Crimes against Humanity
Source:
The Accountability of Armed Groups under Human Rights Law
Author(s):

Katharine Fortin

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198808381.003.0010

The chapter considers the relevance of the law on crimes against humanity to explanations of how armed groups are bound by international human rights law. Exploring the two-tiered nature of crimes against humanity, it shows that responsibility for crimes against humanity exists at two levels: the level of the individual perpetrator (individual criminal responsibility) and the level of the entity behind the perpetrator (a civil responsibility). From this starting point, the chapter analyses what the case law on crimes against humanity can tell us about whether and when armed groups can commit crimes against humanity. The chapter ends by exploring the connection between crimes against humanity and human rights law in a normative sense, examining what a conclusion that armed groups can commit crimes against humanity demonstrates about their obligations under human rights law.

Keywords:   armed groups, crimes against humanity, control of territory, human rights law, effectiveness, governance, Article 9

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