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International Humanitarian Law and Non-State Actors: Debates, Law and Practice

Edited by: Ezequiel Heffes, Marcos D. Kotlik, Manuel J. Ventura

ISBN13: 9789462653412
Published: January 2021
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Paperback
Price: £139.99

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This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict.

With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes.

The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law.

Public International Law
Chapter 1. Introduction: The Functions and Interactions of Non-State Actors in the Realm of International Humanitarian Law
Part I. The Proliferation of NSAs Involved in Armed Conflicts
Chapter 2. What Are 'Armed Non-State Actors'? A Legal and Semantic Approach
Chapter 3. Beyond Banning Mercenaries: The Use of Private Military and Security Companies under IHL
Chapter 4. The Legal Protection of Personnel of United Nations Peacekeeping Operations in Times of NIAC
Part II. The Regulation of NSAs Involved in Armed Conflict beyond IHL
Chapter 5. Chemical Weapons and Non-State Actors
Chapter 6. Automatic Criminal Liability for Unlawful Confinement (Imprisonment) as a War Crime? A Potential Consequence of Denying Non-State Armed Groups the Power to Detain in NIACs
Chapter 7. Detention by Non-State Armed Groups in NIACs: IHL, International Human Rights Law and the Question of Right Authority
Chapter 8. Human Rights Obligations of Non-State Armed Groups: An Assessment Based on Recent Practice
Chapter 9. Post-Conflict Justice: Extending International Criminal Responsibility to Non-State Entities
Part III. The Development of IHL by NSAs
Chapter 10. Uses of IHL by the International Court of Justice: A Critical Approach towards Its Role in the International Legal Arena
Chapter 11. The Development of IHL by Human Rights Bodies
Chapter 12. Targeting Members of Non-State Armed Groups in NIACs: An Attempt to Reconcile International Human Rights Law with IHL's (De Facto) Status-based Targeting
Part IV. The Emergence of Horizontal Interactions between NSAs
Chapter 13. Generating Respect for the Law by Non-State Armed Groups: The ICRC's Role and Activities
Chapter 14. Compliance with Humanitarian Rules on the Protection of Children by Non-State Armed Groups: the UN's Managerial Approach
Chapter 15. Non-State Actors Engaging Non-State Actors: Geneva Call's Experience in NIACs