Organizing Rebellion
Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law
Series: Oxford Monographs in International Humanitarian & Criminal Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 22 March 2018
- ISBN 9780198821946
- Binding Hardback
- No. of pages398 pages
- Size 239x164x28 mm
- Weight 740 g
- Language English 0
Categories
Short description:
As non-state actors proliferate both in number and variety, the time is ripe for an explication of what obligations armed groups are under. Ground-breaking in examining humanitarian, human rights, and criminal law, Rodenhäuser analyses groups ranging from gangs to cyber criminals to ask when organisations become culpable under international law.
MoreLong description:
The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of todays armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts.
Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenhäusers text will be essential to academics and practitioners alike.
Table of Contents:
Introduction
Part 1 - The Required Degree of Organisation of a Non-State Party to an Armed Conflict under International Humanitarian Law
Of Rebels, Insurgents, and Belligerents: Non-State Parties in the History of Warfare
Parties to Non-International Armed Conflicts under International Treaty Law
Organised Armed Groups in Contemporary International Practice
Part 2 - The Degree of Organisation Required from Non-State Armed Groups to have Obligations under International Human Rights Law
Human Rights, Natural Rights, and their Applicability beyond the State-Individual Relationship
The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations
A Three-Pronged Approach to Human Rights Obligations of Non-State Armed Groups
Part III - The Required Degree of Organisation of Non-State Entities to Commit International Crimes or to Create Contexts in which Individuals Commit Them
Conceptual Considerations on the Notion of Crimes against Humanity
The Historical Development of Crimes against Humanity and Jurisprudence of the Rwanda, Former Yugoslavia, and Sierra Leone Tribunals
The 'State or Organizational Policy' Requirement for Crimes against Humanity under the Rome Statute of the International Criminal Court
Non-State Entity Involvement in Genocide
Conclusion
