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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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