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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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A Three-Pronged Approach to Human Rights Obligations of Non-State Armed Groups

A Three-Pronged Approach to Human Rights Obligations of Non-State Armed Groups

(p.146) 6 A Three-Pronged Approach to Human Rights Obligations of Non-State Armed Groups
Organizing Rebellion

Tilman Rodenhäuser

Oxford University Press

Chapter 6 proposes a three-pronged approach to possible human rights obligations of armed groups by distinguishing between (i) human rights obligations of groups exercising quasi-governmental authority in defined territory; (ii) human rights obligations of groups exercising de facto control over territory and population; and (iii) human rights obligations of groups not controlling territory or populations. This not only reflects contemporary international practice, but also the different capacities of armed groups and the varying circumstances in which they operate. This chapter examines each type of armed group separately. For each type, it shows to what extent human rights obligations for armed groups are needed; it provides international practice showing that a number of states and human rights experts consider the respective type of groups to have human rights obligations; it considers which sources of international law could bind the type of group in question; and suggests which scope of obligations should bind them.

Keywords:   human rights law, non-state armed group, non-state entities, human rights obligations of non-state armed groups, human rights violations by armed groups, territorial control, scope of obligations, UN reports, quasi-governmental authority, ius cogens

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