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Organizing RebellionNon-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law$
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Tilman Rodenhäuser

Print publication date: 2018

Print ISBN-13: 9780198821946

Published to Oxford Scholarship Online: May 2018

DOI: 10.1093/oso/9780198821946.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 November 2019

Organized Armed Groups in Contemporary International Practice

Organized Armed Groups in Contemporary International Practice

Chapter:
(p.61) 3 Organized Armed Groups in Contemporary International Practice
Source:
Organizing Rebellion
Author(s):

Tilman Rodenhäuser

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198821946.003.0004

Chapter 3 suggests that IHL requires non-state entities to fulfil three criteria to form a party to a non-international armed conflict: a group needs to be (1) a collective entity with (2) the ability to ensure respect for basic humanitarian norms, and (3) the capacity to engage in sufficiently intense violence. This chapter discusses how these broad criteria have been interpreted and also develops new ways of how they should be understood in light of the variety of groups engaged in contemporary armed conflicts and the increasing fragmentation of groups. Instead of simply recounting factors established in international jurisprudence, this chapter reconsiders these factors’ actual relevance and shows how they can be helpful in proving the three identified criteria. In its final part, Chapter 3 applies the identified criteria to two specific cases: transnational armed groups such as the Islamic State Group, and cyber groups such as Anonymous.

Keywords:   non-state armed group, non-state party to an armed conflict, degree of organization, organization criterion, Tadic case, transnational armed group, cyber, Islamic State, Anonymous, al Qaida

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