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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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International Humanitarian Law and International Legal Personality

International Humanitarian Law and International Legal Personality

Chapter:
(p.118) 5 International Humanitarian Law and International Legal Personality
Source:
The Accountability of Armed Groups under Human Rights Law
Author(s):

Katharine Fortin

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198808381.003.0005

This purpose of this chapter is to determine what the framework of international humanitarian law demonstrates about the material and theoretical circumstances that are required in order for armed groups to acquire international legal personality under international humanitarian law. To fulfil this aim, the chapter analyses the threshold of international humanitarian law and explores its relevance to the acquisition of legal personality by armed groups. The chapter ends by analysing the threshold test against the evaluative framework in Chapter 3, drawing conclusions about the role that State consent plays in the acquisition of international legal personality by armed groups under international humanitarian law.

Keywords:   international humanitarian law, threshold, organization requirement, intensity requirement, international legal personality, State consent

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