Includes bibliographical references (pages 395-419) and index.
Contents:
IV. Conclusions -- 12. Conclusions. II. Legal Personality of Armed Groups Under Human Rights Law -- 3. Evaluative framework : legal personality under international law -- 4. The law of belligerency and insurgency, and international legal personality -- 5. International humanitarian law and international legal personality -- 6. International legal personality of armed groups under human rights law -- III. How and when are Armed Groups Bound by Human Rights Law? -- 7. How are armed groups bound by international humanitarian law? -- 8. Armed groups and treaty law -- 9. Control of territory and human rights obligations of armed groups -- 10. Armed groups and crimes against humanity -- 11. Armed groups and customary international human rights law -- IV. Conclusions -- 12. Conclusions.
Summary:
"This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-a-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice" -- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.