41 Rev. BDI 355 (2008)
Human Rights Obligations of Armed Groups

handle is hein.journals/belgeint41 and id is 355 raw text is: REVUE BELGE DE DROIT INTERNATIONAL
2008/1-2 - Editions BRUYLANT, Bruxelles
HUMAN RIGHTS OBLIGATIONS
OF ARMED GROUPS
BY
Cedric RYNGAERT
ASSISTANT PROFESSOR OF INTERNATIONAL LAW
LEUVEN UNIVERSITY AND UTRECHT UNIVERSITY
BOF RESEARCH FELLOW, LEUVEN UNIVERSITY
ABSTRACT
Many human rights abuses are committed by armed groups. It would be mis-
guided, however, to state that, in so doing, armed groups violate international
human rights law. In case they do not exercise power over individuals in a
State-like fashion, quite clearly, the abuses they may have committed should
be addressed by the criminal law. Yet also in case they do exercise such power,
it is problematic to assert that armed groups incur liability under international
human rights law. This will in fact only be the case if armed groups consent to
be bound by human rights law. Nonetheless, even if they do not give their con-
sent, they still remain (subject to the demand of the international community,,
which may take them to task if they fail to comply with human rights norms.
1. INTERNATIONAL HUMANITARIAN LAW OBLIGATIONS OF ARMED GROUPS
2. STATE RESPONSIBILITY FOR ACTS BY ARMED GROUPS WHICH VIOLATE HUMAN
RIGHTS
3. DIRECT HUMAN RIGHTS OBLIGATIONS OF ARMED GROUPS
3.1. Obligations of armed groups under human rights conventions
3.2. Justifications for imposing direct human rights obligations on armed groups
3.3. Shortcomings of focusing on State obligations
3.4. Armed groups exercising territorial control and authority
3.5. Armed groups and the UN Special Rapporteur on Executions: legitimate
human rights expectations
3.6. In defence of limited human rights obligations of armed groups
4. ADDITIONAL PROTECTION OF INTERNATIONAL HUMAN RIGHTS LAW IN ARMED
CONFLICTS

5. CONCLUDING OBSERVATIONS

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