THE INTERNATIONAL LEGAL STATUS OF ARMED GROUPS: CAN ONE BE DETERMINED OUTSIDE THE SCOPE OF ARMED CONFLICT?

被引:0
|
作者
Gal, Tom [1 ,2 ]
机构
[1] Univ Geneva, Fac Law, Geneva, Switzerland
[2] Geneva Acad Humanitarian Law & Human Rights, Geneva, Switzerland
关键词
armed groups; territorial control; legal personality; international accountability; de facto control;
D O I
10.1017/S0021223718000067
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In 2016 Daragh Murray published his book Human Rights Obligations of Non-State Armed Groups (Hart 2016). By way of distinction from many other contributions on this widely discussed topic, Murray tries to provide the reader with a complete overview of the legal framework that enables armed groups to acquire international legal status, and preferably outside the framework of armed conflict. He walks the reader through the path of international legal personality, leading towards the acknowledgement of armed groups as addressees of the law. Murray's attempt is courageous, interesting and innovative, but it has its shortcomings. These include his reliance on international criminal law as a source for defining armed groups, and his insistence on stepping outside international humanitarian law. Nonetheless, his contribution is essential for those who wish to include even more armed groups on the international plane.
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页码:321 / 335
页数:15
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