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International Review of the Red Cross, 2011 - No. 882 – Understanding armed groups and the applicable law

The International Review of the Red Cross is a quarterly published by the International Committee of the Red Cross (ICRC) and Cambridge University Press.

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Texts published by the Review reflect the views of the author alone and not necessarily those of the ICRC or of the Review. Only texts bearing an ICRC signature may be ascribed to the institution.

Highlights

Issue No. 882 – 2011

Theme – Understanding armed groups and the applicable law

Download PDF 7 MB Armed groups play a central role in conflicts today and are associated with many of the humanitarian concerns generated by conflicts. Political and humanitarian players intent on promoting respect for the rights of conflict victims must set aside resources to study and understand armed groups, grasp the law that applies to them, and assess its limits. To this end, a pragmatic approach may be necessary, taking the perspective of armed groups into consideration rather than seeing them merely as an anomaly in an international system designed by and for States.

Editorial

Editorial: understanding armed groups and the applicable law – IRRC June No 882
Vincent Bernard
The new Editorial Board of the International Review of the Red Cross
The editorial team of the Review has the privilege to introduce the new Editorial Board of the Journal. The Board was formed this year and met for the first time in Geneva in May 2011. It is composed of experts in multiple disciplines and from diverse geographical backgrounds.

Understanding armed groups and the applicable law

Interview with Ali Ahmad Jalali
For this issue on understanding armed groups, the Review considered it important to invite someone who could give the inside perspective of an armed group. Minister Ali Ahmad Jalali, currently Distinguished Professor at the National Defense University in Washington, DC, is uniquely placed to do so in the context of Afghanistan.

Todays armed groups: structure, actions and strategic options

Armed groups and intra-state conflicts: the dawn of a new era?
Arnaud Blin
Have the various profound changes that have affected the world, and particularly its geostrategic dimensions, since the end of the ColdWar radically altered the nature of conflicts? Twenty years after the collapse of the Soviet Union and ten years after the destruction of the twin towers in New York, there is an apparent degree of continuity in the resilience of former centres of unresolved conflicts and of armed groups involved in them.
Armed groups’organizational structure and their strategic options
Abdulkader H. Sinno
The organizational structures of armed groups, whether they develop by accident or by design, affect their strategic choices during the conflict and their ability to enter peace agreements.
Economic dimensions of armed groups: profiling the financing, costs, and agendas and their implications for mediated engagements
Achim Wennmann
This article introduces the various economic dimensions of armed groups and explores the implications of their engagement through mediation and dialogue.
Reasons why armed groups choose to respect international humanitarian law or not
Olivier Bangerter
The decision to respect the law – or not – is far from automatic, regardless of whether it is taken by an armed group or a state. Respect for IHL can only be encouraged, and hence improved, if the reasons used by armed groups to justify respect or lack of it are understood.
Understanding armed groups and the applicable law: photo gallery
This selection of photos aims to illustrate the activities and characteristics of armed groups across different historical and geographical contexts. It was compiled by the Review with the support of the ICRC Library and Archives services.

Armed groups and international law

International law: armed groups in a state-centric system
Zakaria Daboné
What is the position of non-state armed groups in public international law, a system conceived for and by states? This article considers the question, mainly in the light of jus ad bellum and jus in bello.
Debate: Should the obligations of states and armed groups under international humanitarian law really be equal?
Marco Sassòli and Yuval Shany
By introducing a new ‘debate’ section, the Review hopes to contribute to the reflection on current ethical, legal, or practical controversies around humanitarian issues. This section will expose readers to the key arguments concerning a particular contemporary question of humanitarian law or humanitarian action.
Debate: The move to substantive equality in international humanitarian law: a rejoinder to Marco Sassòli and Yuval Shany
René Provost
By introducing a new ‘debate’ section, the Review hopes to contribute to the reflection on current ethical, legal, or practical controversies around humanitarian issues. This section will expose readers to the key arguments concerning a particular contemporary question of humanitarian law or humanitarian action.
The applicability of international humanitarian law to organized armed groups
Jann K. Kleffner
While it is generally accepted today that IHL is binding on organized armed groups, it is less clear why that is so and how the binding force of IHL on organized armed groups is to be construed.
Lessons for the law of armed conflict from commitments of armed groups: identification of legitimate targets and prisoners of war
Sandesh Sivakumaran
Armed groups frequently issue ad hoc commitments that contain a law of armed conflict component. These commitments detail the obligation of the relevant armed group to abide by international humanitarian law, the Geneva Conventions, or particular rules set out in the commitment.
A collection of codes of conduct issued by armed groups
This issue of the International Review of the Red Cross addresses the importance of understanding armed groups and the norms by which they are bound. One way of gaining insight into armed groups and engaging with them on improving respect for the law is to examine the rules and decisions that they choose to adopt.

Selected article on international humanitarian law

Confronting Duch: civil party participation in Case 001 at the Extraordinary Chambers in the Courts of Cambodia
Eric Stover, Mychelle Balthazard, Alexa Koenig
The Extraordinary Chambers in the Courts of Cambodia (ECCC) is unique because it is the first international criminal tribunal to allow victims of alleged crimes to act as civil parties at trial. This means that victims can have a role at the ECCC beyond being called as witnesses.

Reports and documents

International Committee of the Red Cross (ICRC) policy on torture and cruel, inhuman or degrading treatment inflicted on persons deprived of their liberty
Policy adopted by the Council of the Assembly on 9 June 2011

Books and articles

New edition: How does law protect in war?
The ICRC has expanded and updated its core reference work on contemporary practice in International Humanitarian Law (IHL): How does law protect in war? Cases, Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law.
Books and articles
Recent acquisitions of the Library & Research Service, ICRC