Detention by Non-State Armed Groups under International Law

Abstract

During armed conflict, non-State armed groups deprive individuals of their liberty. While this is not a new phenomenon, its pervasiveness is reflected by recent examples in Colombia, Libya, Syria, Ukraine, Mali and the Democratic Republic of the Congo. Yet, examining these activities goes beyond its mere acknowledgment. It involves questions concerning their legality and the non-State armed groups' motivations when depriving individuals of their liberty. Drawing on his personal experiences while working for various humanitarian organizations, Ezequiel Heffes aims at elucidating how international law can be used as a protective tool in relation to individuals placed in detention by non-State armed groups. Based on case studies of selected groups and a normative and doctrinal analysis, he proposes minimum humanitarian principles applicable to those situations. By addressing a contemporary issue that touches upon a number of legal regimes, this study makes a valuable contribution to the law applicable in armed conflict.

Ukraine Burns, but the World is Still on Fire: Patterns of Global Harm From Explosive Violence Since February 24, 2022

“…5 Casualty recording has been a key driver behind the widespread civil society push to end the use of explosive weapons in populated areas (EWIPA), 6 but efforts have been largely state and civil society-centric thus far. 7 On May 10, 2022, the United Nations Security Council released the Report of the Secretary-General on the protection of civilians in armed conflict. Citing the fact that up to 160 million people live in areas under the direct control of non-state armed groups, the report pushes for strengthened humanitarian engagement with non-state actors.…”