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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 Legal Personality of Armed Groups under Human Rights Law

International Legal Personality of Armed Groups under Human Rights Law

Chapter:
(p.152) 6 International Legal Personality of Armed Groups under 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/9780198808381.003.0006

This final chapter of Part II of the book draws together the conclusions of the previous two chapters to develop conclusions about the circumstances in which armed groups can acquire legal personality under human rights law. Examining these conclusions, the chapter argues that there is a need for a threshold test to be met before international human rights law can be applied. It argues that this threshold test should include an ‘organization’ component and an ‘international’ requirement. Drawing upon the conclusions in Chapter 2 on the normative value of human rights law versus international humanitarian law, the chapter ends by considering how an armed group’s control of territory may be relevant to such a threshold test.

Keywords:   human rights, armed groups, organization requirement, international requirement, international legal personality, State consent, threshold, control of territory

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