engleski

Challenges to Strengthen the Protection of Civilians by Non-State Actors in Non- International Armed Conflicts

One of the fundamental rules applicable to armed conflicts is that all Parties to a conflict, whether international or non-international, are obliged to respect the rules of international humanitarian law and bear the responsibility for their violations. The author pays special attention to the obligation of all Parties to non-international armed conflicts to respect the relevant legal framework – both the government of the State concerned as well as non-State actors who aim at taking power in the country or achieving some other political goals by using armed force. However, compared to States, legal position of non-State actors in expressing their willingness to be bound by the rules of international humanitarian law is not equal, since they cannot formally become Parties to the four Geneva Conventions on the protection of victims of war of 1949 nor to the Additional Protocol II to the Geneva Conventions of 1977. The consequences of such a legal lacuna are directly connected to the lack of protection of civilians in non-international armed conflicts. Deliberate attacks against civilians and civilian facilities, torture, sexual violence, recruitment and use of children in armed hostilities, indiscriminate use of anti-personnel mines, obstruction of humanitarian assistance – these are just a few examples of gross violations of international humanitarian law committed by non- State actors. Both theory and jurisprudence have confirmed that the obligatory nature of international humanitarian law does not depend on its formal acceptance by the Parties to the conflict ; they are bound by these rules from the moment the armed conflict arises. Hence, the author emphasizes that it is imperative to use more effective mechanisms to introduce non-State actors with their duty to protect the primary victims of armed conflicts – innocent civilians. In this context, international organizations like the Geneva Call and the International Committee of the Red Cross play an extremely important role in convincing non-State actors to sign unilateral declarations by which they voluntarily express their commitment for the prohibition to use anti- personnel mines, the protection of children from the effects of armed conflict or the prohibition of sexual violence in armed conflicts. The author concludes that this mechanism can have positive influence on the prevention of future violations of the rules of international humanitarian law and that it can contribute to a better protection of civilians in non-international armed conflicts.

non-State actors, non-international armed conflict, international humanitarian law, protection of civilians, international responsibility, unilateral declarations, deeds of commitment, Geneva Call

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