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

Autori
Rusan Novokmet, Rutvica

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
International Law and Social Justice

Urednik/ci
Frenkel, David A. ; Núñez, Jorge E.

Izdavač
Athens Institute for Education and Research (ATINER)

Grad
Atena

Godina
2020

Raspon stranica
59-80

ISBN
978-960-598-385-7

Ključne riječi
Deeds of Commitment ; International humanitarian law ; International responsibility ; Non-international armed conflict ; Non-State actors ; Protection of civilians ; Unilateral declaration

Sažetak
The focus of this essay is on the analysis of non- State actors as parties to non-international armed conflicts and their obligation to respect the relevant international legal framework. The author warns that, 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. The consequences of such a legal lacuna are directly connected to the lack of protection of civilians in noninternational 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. Although the obligatory nature of international humanitarian law does not depend on its formal acceptance by the parties to armed conflict, the author emphasises 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 organisations play an extremely important role in convincing nonState actors to sign unilateral declarations by which they voluntarily express their commitment to respect fundamental humanitarian standards. The author concludes that these mechanisms can have positive influence on the prevention of future violations of international humanitarian law and that the use thereof can contribute to a better protection of civilians in non- international armed conflicts

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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