Suchergebnisse

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Table of Case Law -- Table of International Conventions -- Table of Other Agreements -- Table of Documents from International Organizations -- Table of Travaux Préparatoires -- Table of National Documents -- Table of Documents from Non-Governmental Organizations -- List of Abbreviations -- Preface -- Introduction -- 1 Notion of Armed Non-State Actors -- Non-State Actors: the Genus of Armed Non-State Actors -- Armed Non-State Actors -- Terminology -- The Characteristics of Armed Non-State Actors -- Concluding Remarks -- 2 Classification of Armed Non-State Actors -- De Facto Entities -- Application of Public International Law Norms to De Facto Entities -- The Role of Effectiveness -- Armed Non-State Actors in Control of (a Certain) Territory -- Common Article 3 Armed Non-State Actors -- 3 Obligations and Accountability of Armed Non-State Actors in International Humanitarian Law -- Introduction -- The Legal Basis of Obligations of Armed Non-State Actors -- Direct Obligations -- Indirect Obligations -- The Obligations of Armed Non-State Actors -- The Extent of Obligations: From Numerable Rules to Wider Obligations -- Between Over- and Under- Regulation: Does One Size Fit All Armed Non-State Actors? -- Accountability Norms: Problems and Prospects -- Non-State Actors Within State-centred International Law -- Attributing Conduct to Armed Non-State Actors -- Reparations -- Remedies/Reparation Mechanisms -- Reparations and Remedies: Further Prospects -- Concluding Remarks -- 4 Obligations and Accountability of Armed Non-State Actors in International Human Rights Law -- Accountability in Human Rights Law: Justification, Theory and Practice -- Why Should Armed Non-State Actors be Held Accountable under Human Rights Law? -- Legal Basis for Obligations Under Human Rights Law

"The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agent, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focusing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations"--Unedited summary from book cover.