The legal protection of persons living under the control of non-State armed groups

Abstract

In recent non-international armed conflicts in countries such as the Central African Republic, Iraq, Libya, Nigeria, South Sudan, Syria, Ukraine and Yemen, various non-State armed groups (NSAGs) have exercised control over territory and people living therein. In many cases, and for a variety of reasons, NSAGs perform some form of governance in these territories, which can include the maintenance of order or the provision of justice, health care, or social services. The significance of such measures became particularly apparent when in 2020 not only governments but also armed groups took steps to halt the spread of the COVID-19 pandemic. This article examines key legal issues that arise in these contexts. First, it analyzes the extent to which international humanitarian law protects the life and dignity of persons living under the control of NSAGs, rebutting doubts as to whether this field of international law has a role in regulating what is sometimes called “rebel governance”. Second, it provides a brief overview of aspects of the lives of people in armed group-controlled territory that are addressed by international humanitarian law and aspects that instead fall into the realm of human rights law. Third, the article discusses whether and to what extent human rights law can be said to bind NSAGs as a matter of law and flags issues that need further attention in current and future debates.

Protection of Civilians in Areas Under the Control of Armed Groups

“…Armed organizations impede civilians' freedom of movement, which restricts their access to the necessary services and aid. Violent enforcement is strongly related to the control of civilian movement (Rodenhäuser, 2020). The creation of checkpoints, blockades, and sieges are important tactics used by armed groups (Jackson et al, 2022, p. 38).…”

The humanitarian, development and peace nexus (HDPN) in Africa: the urgent need for a coherent framework for health

“…The latter is also due to the realities that, in war/conflict borne humanitarian crises, the authority of the national government is often compromised, territories are controlled by a non-state armed group or by an occupying force and thus inaccessible under the coverage of routine social and essential health services. 7 The 2022 African Union (AU) extraordinary humanitarian summit declaration in Malabo, Equatorial Guinea, is explicit in recognising that Africa cannot achieve meaningful social economic transformation and integration without tackling the root causes of, and finding durable solutions to humanitarian crises. 8 Similarly, countries will not be able to achieve the Sustainable Development Goals (SDGs) and universal health coverage (UHC) by 2030, nor health security nor successfully implement national development plans and national health sector plans when they remain under instabilities and frequent emergencies.…”

“…(3) establishing measures to address the growing food and nutrition insecurity on the continent; (4) strengthening integrated strategies for health security and building resilient health systems to combat epidemics and pandemics and deliver UHC; (5) strengthening the role of young people, the youth and the diaspora in humanitarian action; (6) advancing the humanitarianpeace-development nexus; (7) formulating strategies…”

“…Several NGOs are changing their approaches to support this way of working and donors are increasingly mindful of the need to listen to the people in crisis regions so that they tailor donor assistance more effectively to the critical needs of affected populations. The latter is also due to the realities that, in war/conflict borne humanitarian crises, the authority of the national government is often compromised, territories are controlled by a non-state armed group or by an occupying force and thus inaccessible under the coverage of routine social and essential health services 7…”

“…The latter is also due to the realities that, in war/conflict borne humanitarian crises, the authority of the national government is often compromised, territories are controlled by a non-state armed group or by an occupying force and thus inaccessible under the coverage of routine social and essential health services. 7 …”