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Participation of armed groups in the development of the law applicable to armed conflicts

30-09-2011 Article, International Review of the Red Cross, No 883, by Sophie Rondeau

After reviewing five main reasons why armed groups should be involved in the advancement of the law governing armed conflicts, this article offers a brief overview of selected means by which armed groups should be engaged in the creation of future norms, as well as in the interpretation and contextualization of existing norms.

Abstract

The topic of participation of armed groups in the development of legal instruments binding them is particularly important and needs to be addressed urgently. Many scholars and organizations have advocated recently for the participation of armed groups in the development of legal instruments binding them, with a view to ensuring their adhesion to the law. However, practical and legal considerations seem to make this participation extremely difficult in practice. Creative solutions have to be found. After reviewing five main reasons why armed groups should be involved in the advancement of the law governing armed conflicts, this article offers a brief overview of selected means by which armed groups should be engaged in the creation of future norms, as well as in the interpretation and contextualization of existing norms.

Biography

Sophie Rondeau is Legal Adviser at the Canadian Red Cross and a member of the Québec Bar. She holds an LL.B. from the Université de Montréal, and an LL.M. from the Université du Québec à Montréal.


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