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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 Customary International Human Rights Law

Armed Groups and Customary International Human Rights Law

Chapter:
(p.323) 11 Armed Groups and Customary International Human Rights Law
Source:
The Accountability of Armed Groups under Human Rights Law
Author(s):

Katharine Fortin

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198808381.003.0011

Chapter 11 analyses arguments that armed groups are bound by human rights law by virtue of customary international law. In doing so, the chapter draws together theories that have been explored in Chapters 7 and 9 about the relevance of territory to the acquisition of legal obligations. The chapter starts by examining the debates about how customary international human rights law binding upon armed groups should be constituted, finding that it will be formed through State practice and opinio juris. It ends by examining different articulations of the theory that armed groups are bound by customary international law by accountability mechanisms, evaluating their credence and making suggestions for their improvement.

Keywords:   armed groups, customary international law, human rights, State practice, opinio juris

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