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Human rights obligations of non-state armed groups / Daragh Murray.

By: Murray, Daragh [author.]Series: Studies in international lawDescription: 1 volume ; 24 cmISBN: 9781509924431 (pbk.) :Subject(s): Non-state actors (International relations) | War (International law) | International criminal lawDDC classification: 341.67

Contents:

Table of Contents: Foreword Acknowledgements Table of Abbreviations Table of Cases 1. Introduction I. The Importance of Protecting Individuals Affected by Armed Groups II. What is a Non-State Armed Group? III. Traditional Understandings of International Law as it Relates to Armed Groups IV. The Inadequacy of the Law of Non-International Armed Conflict vis-à-vis the Regulation of Armed Groups V. Moving Forward: The Evolution of International Law VI. Structure Part I. Subjecting Armed Groups to International Legal Regulation Part II. Can Armed Groups be Bound by International Human Rights Law? Part III. Testing the Application of International Human Rights Law to Armed Groups in Practice Part I. Subjecting Armed Groups to International Legal Regulation 2. International Legal Personality I. Core Concepts Relating to International Legal Personality A. Legal Subjects B. International Legal Persons C. Non-State Entities and International Legal Personality D. Determining the Consequences of International Legal Personality II. The Acquisition of International Legal Personality A. The States-only and Recognition Conceptions B. The Individualistic Conception C. The Formal Conception D. The Actor Conception E. Conclusions Regarding the Different Conceptions of International Legal Personality III. Common Article 3's 'Legal Status Clause' and the International Legal Personality of Armed Groups A. The Desire to Avoid Legitimising Armed Groups B. The Desire to Avoid Recognition of Belligerency C. The Legal Status Clause and International Legal Personality D. Summary IV. Determining the Criteria Necessary for the Acquisition of International Legal Personality in the Contemporary Era A. The Independence Requirement B. The Capacity to Possess International Rights or Obligations C. The Actual Possession of International Rights or Obligations D. The Capacity to Bring an International Claim E. Summary V. A Functional Approach to International Legal Personality VI. Conclusion 3. Determining the Criteria Necessary to Satisfy the Capacity Requirement Associated with International Legal Personality I. States A. States' Acquisition of Statehood/International Legal Personality B. The Criteria Regulating the Acquisition of Statehood C. The Concept of Belligerency II. International Organisations A. The Organisational Characteristics of International Organisations B. How is Independent will Determined? III. Armed Groups A. Situations of Armed Conflict i. Requirements Associated with the Intensity Criterion ii. Requirements Associated with the Organisation Criterion B. Situations Outside Armed Conflict i. Requirements Associated with the Organisation Criterion C. Summary IV. Transnational Corporations A. The Organisational Characteristics of Transnational Corporations V. Conclusion 4. Establishing a Legal Basis for the Application of International Law to Armed Groups I. The Customary Law Theory A. Can Customary Law Bind Non-State Armed Groups? B. Can Custom Established by States Bind Armed Groups? C. Determining the Content of the Customary Law Applicable to Armed Groups D. Summary II. The General Principles Theory III. The Third Party Consent Theory A. The Legal Basis for the Third Party Consent Theory i. Relationship to Sovereignty, Equality, and Independence of States ii. The Intent to Bind Requirement iii. The Consent to be Bound Requirement B. Critiques Relating to the Third Party Consent Theory i. Modern International Law Establishes Obligations Without Consent ii. Non-State Actors as Subjects of International Law with a Competence Distinct to that of States iii. The Inapplicability of the Pacta Tertiis Rule to Non-State Actors iv. Practical Issues Relating to Armed Group Consent IV. The Prescriptive Jurisdiction/Legislative Jurisdiction Theory A. Acts of State Bind a State Qua State B. Prescriptive Jurisdiction and the Intent to Bind Requirement C. Addressing the International v Domestic Law Obligations Critique i. The Impact of Evolutionary Developments in International Law D. Issues Relating to Armed Groups' Lack of Participation or Consent to be Bound V. Conclusion 5. The De Facto Control Theory and the International Regulation of Armed Groups in the Absence of Directly Applicable International Treaty Law I. The De Facto Control Theory A. Overcoming Confusion Relating to Recognition De Jure or De Facto B. Must De Facto Entities be Recognised? C. The Motivation Underlying the De Facto Control Theory D. Further Examples in Support of the De Facto Control Theory E. The De Facto Control Theory and the Implied Mandate F. Application of the De Facto Control Theory to Entities Existing Below the De Facto Authority Threshold II. Legal Obligations Arising Consequent to the De Facto Control Theory III. Establishing an Armed Group's Independent Existence A. Establishing an Armed Group's Independent Existence Outside Armed Conflict i. Control Over a Territory or Population Demonstrated by the Ability to Commit Certain Acts IV. Conclusion: Independent Armed Groups as a Vertical Authority Part II. Can Armed Groups be Bound by International Human Rights Law? 6. The Application of International Human Rights Law to Armed Groups I. International Human Rights Law Treaties that Directly Address Armed Groups II. The Drittwirkung and Horizontal Effect Theories III. Overcoming Ratione Personae Restrictions IV. Remaining Consistent with the 'Object and Purpose' of Human Rights Treaties V. International Human Rights Law and the Implied Mandate VI. Summary 7. The Gradated Application of International Human Rights Law Obligations I. Determining the Content of Armed Groups' International Human Rights Law Obligations A. A Contextual Approach to Armed Group Obligations B. Determining the Context-Dependent Content of Obligations: The Respect, Protect and Fulfil Framework C. The Obligation to Respect D. The Obligation to Fulfil i. The Obligation to Fulfil and Armed Groups E. The Obligation to Protect F. The Territorial State's Obligations II. Ensuring that Armed Groups are Aware of their International Obligations III. Conclusion Part III. Testing the Application of International Human Rights Law to Armed Groups in Practice 8. Prosecution, Detention, and Satisfaction of the Right to Health by Armed Groups I. Armed Group Prosecution and Detention A. Issues Relating to Prosecution by Armed Groups i. Procedural Guarantees Regulating Armed Group Courts ii. Can an Armed Group Prosecute Violations of the Law of Armed Conflict? iii. Can an Armed Group Prosecute Group-Specific Crimes Established under the Law of the Armed Group? iv. Can Armed Groups Prosecute Non-Conflict-Related Crimes? v. Summary B. Issues Relating to Detention by Armed Groups i. Procedural Guarantees Relating to Armed Group Detention ii. Who can Armed Groups Detain? iii. Conditions of Detention iv. The Release of Detainees C. Summary II. Armed Groups and the Right to Health A. Armed Groups and the Progressive Realisation of the Right to Health B. The Existence of Minimum Core Obligations C. The Role of International Assistance D. Summary E. The Obligation to Respect the Right to Health F. The Obligation to Fulfil G. The Obligation to Protect H. Summary 9. Conclusion I. Summary of Findings II. Monitoring Mechanisms A. Judicial Regulation by a Human Rights Body B. Monitoring by the Security Council C. Monitoring by a UN Special Procedure III. Concluding Comments Bibliography Index

List(s) this item appears in: Human Rights Law

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Title notes ( 3 )

Holdings
Item type	Current library	Class number	Status	Date due	Barcode	Item reservations
Book-Circulating	Fischer Hall Library Main shelves	KZ6405. N66M87 2016 (Browse shelf(Opens below))	Available		B013771

Total reservations: 0

Originally published: 2016.

Includes bibliographical references and index.

Table of Contents:
Foreword
Acknowledgements
Table of Abbreviations
Table of Cases
1. Introduction
I. The Importance of Protecting Individuals Affected by Armed Groups
II. What is a Non-State Armed Group?
III. Traditional Understandings of International Law as it Relates to Armed Groups
IV. The Inadequacy of the Law of Non-International Armed Conflict vis-à-vis the Regulation of Armed Groups
V. Moving Forward: The Evolution of International Law
VI. Structure
Part I. Subjecting Armed Groups to International Legal Regulation
Part II. Can Armed Groups be Bound by International Human Rights Law?
Part III. Testing the Application of International Human Rights Law to Armed Groups in Practice
Part I. Subjecting Armed Groups to International Legal Regulation
2. International Legal Personality
I. Core Concepts Relating to International Legal Personality
A. Legal Subjects
B. International Legal Persons
C. Non-State Entities and International Legal Personality
D. Determining the Consequences of International Legal Personality
II. The Acquisition of International Legal Personality
A. The States-only and Recognition Conceptions
B. The Individualistic Conception
C. The Formal Conception
D. The Actor Conception
E. Conclusions Regarding the Different Conceptions of International Legal Personality
III. Common Article 3's 'Legal Status Clause' and the International Legal Personality of Armed Groups
A. The Desire to Avoid Legitimising Armed Groups
B. The Desire to Avoid Recognition of Belligerency
C. The Legal Status Clause and International Legal Personality
D. Summary
IV. Determining the Criteria Necessary for the Acquisition of International Legal Personality in the Contemporary Era
A. The Independence Requirement
B. The Capacity to Possess International Rights or Obligations
C. The Actual Possession of International Rights or Obligations
D. The Capacity to Bring an International Claim
E. Summary
V. A Functional Approach to International Legal Personality
VI. Conclusion
3. Determining the Criteria Necessary to Satisfy the Capacity Requirement Associated with International Legal Personality
I. States
A. States' Acquisition of Statehood/International Legal Personality
B. The Criteria Regulating the Acquisition of Statehood
C. The Concept of Belligerency
II. International Organisations
A. The Organisational Characteristics of International Organisations
B. How is Independent will Determined?
III. Armed Groups
A. Situations of Armed Conflict
i. Requirements Associated with the Intensity Criterion
ii. Requirements Associated with the Organisation Criterion
B. Situations Outside Armed Conflict
i. Requirements Associated with the Organisation Criterion
C. Summary
IV. Transnational Corporations
A. The Organisational Characteristics of Transnational Corporations
V. Conclusion
4. Establishing a Legal Basis for the Application of International Law to Armed Groups
I. The Customary Law Theory
A. Can Customary Law Bind Non-State Armed Groups?
B. Can Custom Established by States Bind Armed Groups?
C. Determining the Content of the Customary Law Applicable to Armed Groups
D. Summary
II. The General Principles Theory
III. The Third Party Consent Theory
A. The Legal Basis for the Third Party Consent Theory
i. Relationship to Sovereignty, Equality, and Independence of States
ii. The Intent to Bind Requirement
iii. The Consent to be Bound Requirement
B. Critiques Relating to the Third Party Consent Theory
i. Modern International Law Establishes Obligations Without Consent
ii. Non-State Actors as Subjects of International Law with a Competence Distinct to that of States
iii. The Inapplicability of the Pacta Tertiis Rule to Non-State Actors
iv. Practical Issues Relating to Armed Group Consent
IV. The Prescriptive Jurisdiction/Legislative Jurisdiction Theory
A. Acts of State Bind a State Qua State
B. Prescriptive Jurisdiction and the Intent to Bind Requirement
C. Addressing the International v Domestic Law Obligations Critique
i. The Impact of Evolutionary Developments in International Law
D. Issues Relating to Armed Groups' Lack of Participation or Consent to be Bound
V. Conclusion
5. The De Facto Control Theory and the International Regulation of Armed Groups in the Absence of Directly Applicable International Treaty Law
I. The De Facto Control Theory
A. Overcoming Confusion Relating to Recognition De Jure or De Facto
B. Must De Facto Entities be Recognised?
C. The Motivation Underlying the De Facto Control Theory
D. Further Examples in Support of the De Facto Control Theory
E. The De Facto Control Theory and the Implied Mandate
F. Application of the De Facto Control Theory to Entities Existing Below the De Facto Authority Threshold
II. Legal Obligations Arising Consequent to the De Facto Control Theory
III. Establishing an Armed Group's Independent Existence
A. Establishing an Armed Group's Independent Existence Outside Armed Conflict
i. Control Over a Territory or Population Demonstrated by the Ability to Commit Certain Acts
IV. Conclusion: Independent Armed Groups as a Vertical Authority
Part II. Can Armed Groups be Bound by International Human Rights Law?
6. The Application of International Human Rights Law to Armed Groups
I. International Human Rights Law Treaties that Directly Address Armed Groups
II. The Drittwirkung and Horizontal Effect Theories
III. Overcoming Ratione Personae Restrictions
IV. Remaining Consistent with the 'Object and Purpose' of Human Rights Treaties
V. International Human Rights Law and the Implied Mandate
VI. Summary
7. The Gradated Application of International Human Rights Law Obligations
I. Determining the Content of Armed Groups' International Human Rights Law Obligations
A. A Contextual Approach to Armed Group Obligations
B. Determining the Context-Dependent Content of Obligations: The Respect, Protect and Fulfil Framework
C. The Obligation to Respect
D. The Obligation to Fulfil
i. The Obligation to Fulfil and Armed Groups
E. The Obligation to Protect
F. The Territorial State's Obligations
II. Ensuring that Armed Groups are Aware of their International Obligations
III. Conclusion
Part III. Testing the Application of International Human Rights Law to Armed Groups in Practice
8. Prosecution, Detention, and Satisfaction of the Right to Health by Armed Groups
I. Armed Group Prosecution and Detention
A. Issues Relating to Prosecution by Armed Groups
i. Procedural Guarantees Regulating Armed Group Courts
ii. Can an Armed Group Prosecute Violations of the Law of Armed Conflict?
iii. Can an Armed Group Prosecute Group-Specific Crimes Established under the Law of the Armed Group?
iv. Can Armed Groups Prosecute Non-Conflict-Related Crimes?
v. Summary
B. Issues Relating to Detention by Armed Groups
i. Procedural Guarantees Relating to Armed Group Detention
ii. Who can Armed Groups Detain?
iii. Conditions of Detention
iv. The Release of Detainees
C. Summary
II. Armed Groups and the Right to Health
A. Armed Groups and the Progressive Realisation of the Right to Health
B. The Existence of Minimum Core Obligations
C. The Role of International Assistance
D. Summary
E. The Obligation to Respect the Right to Health
F. The Obligation to Fulfil
G. The Obligation to Protect
H. Summary
9. Conclusion
I. Summary of Findings
II. Monitoring Mechanisms
A. Judicial Regulation by a Human Rights Body
B. Monitoring by the Security Council
C. Monitoring by a UN Special Procedure
III. Concluding Comments
Bibliography
Index