13 Establishing the Direct Responsibility of Non-State Armed Groups for Violations of International Norms: Issues of Attribution

Bellal, Annyssa

doi:10.1163/9789004293632_016

Cited by 24 publications

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“…100 The increasing level of violations of IHL by organized NSAGs with de facto control over territories in recent years has triggered a series of scholarly works on the concept of international responsibility of these entities. 101 The ILC Draft Principles on the Environment do not enter into this discussion, but Principle 9(3)(a) indicates that these draft principles are without prejudice to "the rules on the responsibility of non-state armed groups". The commentary on this provision stipulates that this area is less settled in international law.…”

Section: Legality Of the Exploitation Of Natural Resources In The Eve...mentioning

confidence: 99%

A possible legal framework for the exploitation of natural resources by non-State armed groups

Askary

Hosseinnejad

2023

Int. rev. Red Cross

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The law of belligerent occupation permits the Occupying Power to administer and use the natural resources in the occupied territory under the rules of usufruct. This provision has no counterpart in the provisions of humanitarian law applicable to non-international armed conflicts, which may suggest that any exploitation of natural resources by non-State armed groups is illegal. The International Committee of the Red Cross's updated 2020 Guidelines on the Protection of the Environment in Armed Conflict did not touch on this issue, and nor did the International Law Commission in its 2022 Draft Principles on the Protection of the Environment in Relation to Armed Conflicts, where it applied the notion of sustainable use of natural resources instead of usufruct. The present paper aims to fill this gap. It first reviews the development of the concept of usufruct and then studies whether the current international law entitles non-State armed groups with de facto control over a territory to exploit natural resources. By delving into the proposals raised by some commentators to justify such exploitation for the purpose of administering the daily life of civilian populations, the paper advocates for a limited version of this formula as the appropriate lex ferenda. In the final section, the paper discusses how situations of disaster, as circumstances which may preclude the wrongfulness of the act, may justify the exploitation of natural resources by non-State armed groups in the current international legal order.

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Section: Legality Of the Exploitation Of Natural Resources In The Eve...mentioning

confidence: 99%

A possible legal framework for the exploitation of natural resources by non-State armed groups

Askary

Hosseinnejad

2023

Int. rev. Red Cross

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Welcome on Board: Improving Respect for International Humanitarian Law Through the Engagement of Armed Non-State Actors

Bellal¹

2017

Yearbook of International Humanitarian Law

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Armed Groups and Procedural Accountability: A Roadmap for Further Thought

Fortin

2017

Yearbook of International Humanitarian Law

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This chapter investigates the meaning of the term "accountability", as it is used in policy discussions surrounding armed groups. It takes a detailed look at literature from public administration on the concept of procedural accountability and applies it to the various accountability mechanisms that evaluate the conduct of armed groups against international norms. In doing so, the chapter points out some of the shortcomings of some of these accountability mechanisms. It ends by examining some of the more innovative accountability models, such as the process created by Geneva Call and the ad hoc processes created by the UNAMA field office in Afghanistan vis-à-vis the Taliban.

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13 Establishing the Direct Responsibility of Non-State Armed Groups for Violations of International Norms: Issues of Attribution

Cited by 24 publications

References 0 publications

A possible legal framework for the exploitation of natural resources by non-State armed groups

A possible legal framework for the exploitation of natural resources by non-State armed groups

Welcome on Board: Improving Respect for International Humanitarian Law Through the Engagement of Armed Non-State Actors

Armed Groups and Procedural Accountability: A Roadmap for Further Thought

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