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Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law

Author: Tilman Rodenhauser
Publisher: Oxford University Press
ISBN: 9780198821946
Published In: March 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The number of non-state actors, traditionally not accountable for committing war crimes or violating human rights, is proliferating exponentially.

As criminal gangs, individuals in weak states organizing to protect their local communities, armed groups operating transnationally, and rarely analysed cyber organizations now account for the vast majority of today's armed conflicts, a new and increasingly important question has to be raised as to whether, and at what point, culpability arises under international law, and at what level of organization groups become accountable.

Breaking new ground in addressing international human rights, international criminal law, and international humanitarian law in one swoop, Rodenhäuser's text will be essential to academics and practitioners alike.

Introduction

Part 1 - The Required Degree of Organisation of a Non-State Party to an Armed Conflict under International Humanitarian Law

1: Of Rebels, Insurgents, and Belligerents: Non-State Parties in the History of Warfare

2: Parties to Non-International Armed Conflicts under International Treaty Law

3: 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

4: Human Rights, Natural Rights, and their Applicability beyond the State-Individual Relationship

5: The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

6: 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

7: Conceptual Considerations on the Notion of Crimes against Humanity

8: The Historical Development of Crimes against Humanity and Jurisprudence of the Rwanda, Former Yugoslavia, and Sierra Leone Tribunals

9: The 'State or Organizational Policy' Requirement for Crimes against Humanity under the Rome Statute of the International Criminal Court

10: Non-State Entity Involvement in Genocide

Conclusion