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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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How are Armed Groups Bound by International Humanitarian Law?

How are Armed Groups Bound by International Humanitarian Law?

Chapter:
(p.177) 7 How are Armed Groups Bound by International Humanitarian Law?
Source:
The Accountability of Armed Groups under Human Rights Law
Author(s):

Katharine Fortin

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198808381.003.0007

Chapter 7 conducts a detailed analysis of the main theories of how armed groups are bound by international humanitarian law including: (i) the third parties theory; (ii) the legislative jurisdiction theory; (iii) the effectiveness theory; and (iv) theories relying upon control of territory. In conducting a critical analysis of these theories, the chapter’s purpose is to demonstrate how armed groups can be bound by international law per se. It concludes by considering what this analysis tells us about the circumstances that are necessary for armed groups to be bound by (i) human rights treaty law; and (ii) customary international human rights law.

Keywords:   effectiveness, legislative jurisdiction, third parties, State consent, customary international law, control of territory, armed groups

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