Accountability of armed opposition groups in international by Liesbeth Zegveld

follow url By Liesbeth Zegveld

Armed competition teams regularly struggle governments, looking overthrow and/or secession. yet who's liable below foreign legislations for the acts dedicated through those teams, or for the failure to avoid those acts? Zegveld examines the necessity legally to spot the events concerned while armed inner clash arises, and the truth in their call for for rights. even supposing at present so much armed conflicts are inner, they continue to be mostly uncharted territory in legislation. This award-winning examine could be of curiosity to teachers, postgraduate scholars and pros concerned with armed clash and diplomacy.

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Reports Res. RIAA Ser. UN US vol. Yale L J. YB ECHR YIHL YB ILC International Court of Justice International Court of Justice, Reports of Judgments, Advisory Opinions and Orders International and Comparative Law Quarterly International Committee of the Red Cross International Law Commission Yearbook of the International Law Commission International Legal Materials Inter-American Court of Human Rights International Review of the Red Cross Israel Yearbook on Human Rights Michigan Journal of International Law Military Law Review Manitoba Law Journal note Netherlands International Law Review Nederlands Juristenblad Netherlands Quarterly of Human Rights Naval War Review Netherlands Yearbook of International Law New York University Journal of International Law and Politics United Nations Observer Mission in El Salvador paragraph preamble Revue Belge de Droit International Report Reports of Judgments and Decisions.

It referred to Article 7, Protocol II. However, apparently, the FMLN did not consider itself bound by Protocol II, unless it had concluded an agreement to this effect, Second Report of ONUSAL, A/46/658, S/23222, paras. 64–5 (Human Rights Division, 15 November 1991) (hereafter, Second Report of ONUSAL), reprinted in United Nations, The United Nations and El Salvador 1990–1995 (UN Blue Book Series, United Nations, New York, 1995) p. 179, vol. IV (hereafter, UN and El Salvador). These movements are covered by Article 1(4) of Additional Protocol I, which stipulates that the Protocol shall also apply to ‘armed conflicts in which peoples are fighting 18 the normative gap Geneva Conventions and the Protocols.

In fact, it was widely believed that no customary rules applied to internal conflicts. 31 There is ample evidence of international bodies having accepted the applicability of Common Article 3 and major parts of Protocol II to armed opposition groups as customary law. 34 Similarly, in Prosecutor v. Duˇsko Tadi´c (Appeal on Jurisdiction) the Yugoslavia Tribunal observed: The emergence of international rules governing internal strife has occurred at two different levels: at the level of customary law and at that of treaty law.

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